Agenda packet — Madera City Council, November 16, 2022 (part 1 of 2)

Update 11/10/2022 at 10:30 p.m. Madera City Council Agenda Page 1 of 5 November 16, 2022

REGULAR MEETING OF THE MADERA CITY COUNCIL 205 W. 4th Street, Madera, California 93637

NOTICE AND AGENDA
Wednesday, November 16, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 840 2977 4103#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER:

ROLL CALL: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Mayor Pro Tem Anita Evans
PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes.

Speakers will be asked, but are not required, to identify themselves and state the subject of their comments. If the subject is an item on the Agenda, the Mayor has the option of asking the speaker to hold the comment until that item is called. Comments on items listed as a Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

WRITTEN COMMUNICATIONS: None
Update 11/10/2022 at 10:30 p.m. Madera City Council Agenda Page 2 of 5 November 16, 2022
PRESENTATIONS:

1. Proclamation Recognizing Small Business Saturday – Ortiz Western Wear and GBS Hardware

2. Proclamation Recognizing National Injury Prevention Day – Valley Children’s Hospital INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:

Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the public or a member of the Council may request an item be removed from the Consent Calendar and it will be considered separately.

B-1 Minutes – August 3, 2022, August 17, 2022, August 24, 2022 Recommendation: Approve the City Council Minutes of 8/3/22, 8/17/22, 8/24/22 B-2 Informational Report on Register of Audited Demands for October 22, 2022 to November 4, 2022
Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Award of Agreements for Medical Services
Recommendation: Adopt a Resolution Approving Medical Services Agreements with OccuMed (Report by Wendy Silva) B-5 Remote City Council Meetings Under Brown Act Requirements (AB 361) Recommendation: Council to decide to adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days (Report by Arnoldo Rodriguez) B-6 2022 Downtown Christmas Light Parade Entry for City Participation Recommendation: Approve a Minute Order Authorizing the City Manager to execute documents necessary or any City entries in the Downtown Christmas Light Parade scheduled on December 1, 2022 (Report by Alicia Gonzales) B-7 Letter Supporting the Madera Unified School District’s (MUSD) Application for Funding ASSETs Program and CLC
Recommendation: This report is submitted to provide the City Council an informational report on the request by MUSD to the City for letters of support regarding their application for funding for the After School Safety and Enrichment for Teens (ASSETs) Program and Community Learning Centers (CLC) (Report by Joseph Hebert)
B-8 Adoption of Updated Conflict of Interest Code for the City of Madera Recommendation: Adopt a Resolution Adopting the Conflict of Interest Code for the City of Madera and Rescinding Resolution 20-124 (Report by Alicia Gonzales) Update 11/10/2022 at 10:30 p.m. Madera City Council Agenda Page 3 of 5 November 16, 2022
C. PUBLIC HEARINGS:

C-1 Public Hearing Regarding Annexation No. 13 (Tract 21-S-02 & S1-S-03/TSM 2020-04 Vineyard Estates Subdivision) into Community Facilities District No. 2005-1 (Public Services) Under the Mello Roos Community Facilities Act of 1982 and Related Actions Recommendation:
1) Hold the Public Hearing; and
2) Adopt a Resolution Authorizing Annexation (Annexation No. 13) of Territory to Community Facilities (CFD) District No. 2005-1; Authorizing the Levy of a Special Tax; and Submitting the Levy of Tax to the Qualified Electors; and 3) Conduct the Election of the Qualified Electors of Annexation No. 13; and 4) Adopt a Resolution Making Certain Findings, Declaring and Certifying the Results of an Election, Adding the Territory Identified as Annexation No. 13 to CFD 2005-1 (Public Services), Annexation No. 13 (Report by Will Tackett)
C-2 Vacation of a Portion of Clark Street Right-of-Way Between Owens Street and Taylor Street (ABN 2022-01)
Recommendation: Hold a Public Hearing and Adopt a Resolution adopting a Categorical Exemption Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15305 (Minor Alterations in Land Use Limitations) and Approving the Vacation of a Portion of Clark Street Between Owens Street and Taylor Street (Report by Will Tackett)
C-3 Vacation of a Portion of Noble Street (Alley) along the east side and corner of Noble Street and Maple Street at southeast corner of right-of-way vacation (ABN 2020-02 and ABN 2021- 01)
Recommendation: Adopt a Resolution Adopting a Categorical Exemption Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15305 (Minor Alterations in Land Use Limitations) and Approving the Vacation of a Portion Noble Street (Alley) along the East side and corner of Noble Street and Maple Street at southeast corner (Report by Will Tackett) C-4 Vacation of a Portion of Grove Street right-of-way South of Maple Street (ABN 2020-01) Recommendation: Hold a Public Hearing and Adopt a Resolution adopting a Categorical Exemption Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15305 (Minor Alterations in Land Use Limitations) and Approving the Vacation of a Portion of Grove Street south of Maple Street (Report by Will Tackett)
C-5 Permanent Local Housing Allocation (PLHA) Grant Application Recommendation: Conduct the Public Hearing and Adopt a Resolution Authorizing Submittal of a Grant Application for the PLHA Program (Report by Kingsley Okereke) D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Employee Wage Adjustments to Offset Inflation, Minimum Wage Compaction, and Recruitment and Retention of Full-time Employees
Recommendation: Adopt Resolutions:

Update 11/10/2022 at 10:30 p.m. Madera City Council Agenda Page 4 of 5 November 16, 2022
1) Approving Side Letter Agreements effecting additional cost-of-living (COLA) increases and certain salary range adjustments as a direct result of minimum wage increases for the following employee bargaining units:
a. Madera Affiliated City Employees’ Association, representing the General Bargaining Unit
b. Mid Management Employee Group
c. Madera Police Officers’ Association
d. Law Enforcement Mid Management Employee Group
2) Approving revised Standard Terms and Conditions for Employment Agreements of Unrepresented Department Head Positions effecting additional COLA increases 3) Approving amendments to the City of Madera Classification Plan removing job classifications no longer utilized, adding the Parks Manager classification, and modifying salary range assignments for certain job classifications as a direct result of minimum wage increases (Report by Wendy Silva)
D-2 Award of Contract for Hearing Officer Services for Cannabis Permitting Process Recommendation: Adopt a Resolution Approving a Contract with Nastich Law, a Profession Corporation to serve as Hearing Officer for Cannabis Permitting Appeals and Authorizing the City Manager to Execute the Agreement (Report by Will Tackett)
D-3 Improvement Agreement Amendment No. 1 for the Rancho Santa Fe Subdivision (Tract No. 19-S-06) Allowing Reimbursement for Park Improvements
Recommendation: Adopt a Resolution Approving Amendment No. 1 to the Improvement Agreement Authorizing Construction of a Park Improvements Within the Rancho Santa Fe Subdivision and Reimbursement for Park Improvements Proposed to be Constructed by Subdivider (Report by Keith Helmuth) D-4 Improvement Agreement Amendment No. 1 for the Iveywood I Subdivision (Tract No. 19-S03) Allowing Reimbursement for Park Improvements Recommendation: Adopt a Resolution Approving Amendment No. 1 to the Improvement Agreement Authorizing Construction of a Park Improvements Within the Iveywood I Subdivision and Reimbursement for Park Improvements Proposed to be Constructed by Subdivider (Report by Keith Helmuth) E. ADMINISTRATIVE REPORTS:

E-1 Seek Direction Regarding the 2023 Regular City Council Meeting Schedule Recommendation: Deliberation and Direction Given from Council (Report by Arnoldo Rodriguez)
E-2 Inform Council of the Request for Proposal for the Intelligent Transportation System (ITS) conversion for Madera Metro
Recommendation: No action is being requested, informational item only (Report by Kingsley Okereke)
Update 11/10/2022 at 10:30 p.m. Madera City Council Agenda Page 5 of 5 November 16, 2022
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items., and (iv) to take action on matters initiated under this section of the agenda. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.

G. CLOSED SESSION:

G-1 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representatives: Mayor Garcia
Unrepresented Employees: City Clerk
ADJOURNMENT:

UPCOMING MEETING DATES:
 Wednesday, December 7, 2022
 Wednesday, December 21, 2022
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (559) 661-5405 or by email at [email protected] .
 The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Request for additional accommodations for the disabled, signers, assistive listening devices, or translators needed to assist participation in this public meeting should be made at least seventytwo (72) hours prior to the meeting. Please call the Human Resources Office at (559) 661-5401. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service.  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for November 16, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 10:30 p.m. on November 10, 2022. _______________________
Alicia Gonzales, City Clerk
City of Madera City Council Minutes
205 W. 4th Street August 24, 2022
Madera, CA 93637 Page 1 of 4
Minutes of a Special Meeting of the Madera City Council August 24, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 837 5284 8204#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER: Meeting was called to order at 6:00 p.m.

ROLL CALL:

Present: Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2 (Joined at 6:03 p.m. by Zoom) Councilmember Steve Montes, District 3 (Zoom)
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6

Absent: Mayor Santos Garcia
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy (6:00 p.m. – 6:10 p.m.), City Engineer Keith Helmuth, Community Development Director Will Tackett, Interim Director of Financial Services Kingsley Okereke, Fire Division Chief Matt Watson, Director of Human Resources Wendy Silva, IS Manager Mark Souders, Interim Director of Parks and Community Services Joseph Hebert, Planning Manager Gary Conte, Interim Director of Public Works Jamie Hickman, Senior Civil Engineer Steve Bettencourt, Financial Services Manager Anthony Forestiere, Wastewater Treatment Plant Manager Gabriel Bostan and Communication Specialist Joseph Carrello.

INVOCATION: Mayor Pro Tem Evans
PLEDGE OF ALLEGIANCE: Councilmember Gallegos
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: MAYOR GARCIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ
Item: B-1
Minutes for: 08/24/2022s
Adopted: 11/16/2022
City of Madera City Council Minutes
205 W. 4th Street August 24, 2022
Madera, CA 93637 Page 2 of 4

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
ABSENT: 1- MAYOR GARCIA
PUBLIC COMMENT:

Members of the public shall have an opportunity to address the City Council regarding the following agenda item when that item is called. Speakers should limit their comments to three (3) minutes.

No Public Comment was presented. Public Comment was closed.

A. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

A-1 Determination under Elections Code Section 10229 whether to Appoint Nominated Candidates in Council Districts 1, 3, and 5
Recommendation:
1) Adopt a Resolution to Appoint Candidates, or
2) Adopt a Resolution to Hold the Election, or
3) Take no action (Report by Hilda Cantú Montoy)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM A-1 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: MAYOR GARCIA. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
ABSENT: 1- MAYOR GARCIA
RES 22-140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPOINTING TO CITY COUNCIL OFFICE CECELIA ("CECE") GALLEGOS (DISTRICT 1), STEVE MONTES (DISTRICT 3), AND ELSA MEJIA (DISTRICT 5) AND WITHDRAWING THE ELECTION TO BE HELD FOR THESE OFFICES FROM THE NOVEMBER 8, 2022, CONSOLIDATED GENERAL ELECTION
B. PUBLIC HEARINGS:

B-1 Public Hearing and Consideration of a Resolution Adopting the City of Madera Budget and Capital Improvement Program for Fiscal Year 2022/2023
Recommendation: Staff recommends that the City Council Conduct a Public Hearing and Adopt a Resolution Approving the Budget for Fiscal Year (FY) 2022/23, including the Five-Year Capital Improvement Program (CIP) (Report by Kingsley Okereke)
City of Madera City Council Minutes
205 W. 4th Street August 24, 2022
Madera, CA 93637 Page 3 of 4

ON MOTION BY COUNCILMEMBER VILLEGAS AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM B-1 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: MAYOR GARCIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
ABSENT: 1 - MAYOR GARCIA
RES 22-141 RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA ADOPTING THE BUDGET OF THE CITY OF MADERA FOR THE FISCAL YEAR JULY 1, 2022 THROUGH JUNE 30, 2023 IN THE AMOUNT OF $115,946,123 AND THE FIVEYEAR CAPITAL IMPROVEMENT PROGRAM C. CONSENT CALENDAR:

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, THE CONSENT CALENDAR WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: MAYOR GARCIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
ABSENT: 1- MAYOR GARCIA
C-1 Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) Recommendation: Council to decide to Adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days (Report by Arnoldo Rodriguez) RES 22-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY

COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING COMMITTEES City of Madera City Council Minutes
205 W. 4th Street August 24, 2022
Madera, CA 93637 Page 4 of 4
OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR A PERIOD OF

THIRTY DAYS
C-2 Appointments to the Americans with Disabilities Act (ADA) Advisory Council Recommendation: Adopt a Resolution Appointing Jack Porter and Gladys Marroquin to the ADA Advisory Council (Report by Wendy Silva)
RES 22-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE APPOINTMENTS OF JACK PORTER AND GLADYS

MARROQUIN TO THE CITY OF MADERA AMERICANS WITH DISABILITIES

ACT ADVISORY COUNCIL
C-3 Appropriations Limit (Gann Limit) for Fiscal Year 2022/2023 Recommendation: Adopt a Resolution establishing an Appropriations Limit for Fiscal Year 2022/2023 in the amount of $54,767,610 (Report by Kingsley Okereke) RES 22-144 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA ADOPTING THE APPROPRIATIONS LIMIT FOR THE 2022/2023 FISCAL VEAR
ADJOURNMENT: Meeting was adjourned at 6:23 p.m. Next regular meeting September 21, 2022.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN
Approval of the minutes is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk
City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 1 of 13

Minutes of a Regular Meeting of the Madera City Council August 17, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 842 7019 8960#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER: Meeting was called to order at 6:00 p.m.

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, City Engineer Keith Helmuth, Interim Director of Financial Services Kingsley Okereke, Fire Division Chief Matt Watson, Director of Human Resources Wendy Silva, IS Manager Mark Souders, Community Development Director Will Tackett, Interim Director of Parks and Community Services Joseph Hebert, Planning Manager Gary Conte, Police Chief Dino Lawson, Interim Public Works Director Jamie Hickman, Deputy City Engineer Randy Bell, Deputy City Engineer Ellen Bitter, Senior Civil Engineer Matt Bullis, Senior Planner Robert Smith, Administrative Analyst (Parks) Gabriela Salazar, Assistant Engineer Alexis Raymundo, Financial Services Manager Anthony Forestiere, and Communication Specialist Joseph Carrello.

INVOCATION: Mayor Pro Tem Anita Evans
PLEDGE OF ALLEGIANCE: City Attorney Hilda Cantu Montoy
LATE DISTRIBUTION ANNOUNCEMENT:

City Clerk Alicia Gonzales announced that pursuant to Government Code Section 54957.5, members of the public were advised that less than 72 hours prior to this evening’s meeting, Item A-1 The City’s FY 22/23 Proposed Budget, was distributed to the Council and posted on the City’s website after the agenda packet was posted. Members of the public wishing to view or obtain a copy of this item may do so by Item: B-1
Minutes for: 08/17/2022
Adopted: 11/16/2022
City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 2 of 13
visiting the City of Madera Meeting and Agenda page located on the City’s website. Copies of this item are also available at the podium.

APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

Alicia Connelly asked Council to consider installing adult changing tables at City parks; specifically, Mc Nally Park.

Councilmember Cece Gallegos, Andrew Martinez, Councilmember Steve Montes and Juliana Franco spoke on renaming the Olive/Knox Park into Taubert Park.

Director of Department of Public Health Sara Bosse gave a COVID Update.

A member of the public called into the meeting to comment on adult changing tables.

No further Public Comment was presented. Public Comment was closed.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Proclamation Recognizing Old Timers’ Week

2. Madera Ford’s Annual Backpack Giveaway – Certificates of Recognition INTRODUCTIONS: None
City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 3 of 13
A. WORKSHOP:

A-1 Workshop on the Annual Operating Budget and Capital Improvement Program for Fiscal Year 2022/23
Recommendation: No action required (Report by Kingsley Okereke) No Public Comment was presented. Public Comment was closed.

B. CONSENT CALENDAR:

No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, THE CONSENT CALENDAR WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT:

NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
B-1 Minutes – 4/20/22, 4/20/22s
Recommendation: Approve the City Council Minutes of the April 20, 2022 Regular Meeting and Special Meeting (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands for July 23, 2022 to August 5, 2022 Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) Recommendation: Council to decide to Adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days (Report by Arnoldo Rodriguez) RES 22-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 4 of 13

COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR A PERIOD OF

THIRTY DAYS
B-5 Preparation of a Development Impact Fee Program Update Recommendation: Adopt a Resolution Approving Amendment No. 2 to Agreement with Colgan Consulting Corporation for Professional Services Related to the Preparation of a Development Impact Fee Program Update in the amount of $16,500 (Report by Keith Helmuth)
RES 22-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, APPROVING AMENDMENT NO. 2 TO AGREEMENT WITH COLGAN

CONSULTING CORPORATION FOR PROFESSIONAL SERVICES RELATED TO

THE PREPARATION OF A DEVELOPMENT IMPACT FEE PROGRAM UPDATE B-6 2022 Old Timers Day Parade and Booths in the Park Event Entries Recommendation: Approve a Minute Order Authorizing the City Manager to execute documents for any City entries in the Old Timers Day Parade and related Booths in the Park event scheduled September 24, 2022 (Report by Alicia Gonzales)
C. PUBLIC HEARINGS:

C-1 Public Hearing to Consider the Proposed Annexation of Property within the Vineyard Estates Phase III-A Subdivision into City of Madera Landscape Maintenance District Zone of Benefit 27B
Recommendation: Adopt a Resolution Approving Annexation No. 2022-04 for Annexation of Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02) into Zone of Benefit 27B, Confirming the Diagram and Assessment for City of Madera Landscape Maintenance District (LMD) Zone of Benefit 27B for FY 2023/24; and Authorizing the City Clerk to File the Diagram and Assessment with the Madera County Auditor (Report by Keith Helmuth) No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, THE ITEM C-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE.

ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 5 of 13
RES 22-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING ANNEXATION NO. 2022-04 FOR ANNEXATION OF VINEYARD ESTATES PHASE Ill-A SUBDIVISION (TRACT NO. 21-S-02) INTO ZONE OF BENEFIT 27B; CONFIRMING THE DIAGRAM AND

ASSESSMENT FOR CITY OF MADERA LANDSCAPE MAINTENANCE DISTRICT ZONE OF BENEFIT 27B FOR FISCAL YEAR (FY) 2023/24; AND AUTHORIZING

THE CITY CLERK TO FILE THE DIAGRAM AND ASSESSMENT WITH THE

MADERA COUNTY AUDITOR
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Consultant Services Agreement with Mark Thomas for Grant Preparation Services for Yosemite Avenue Street Improvements
Recommendation: Adopt a Resolution Approving a Consultant Services Agreement with Mark Thomas in the amount of $98,600 for Grant Preparation Services for the Yosemite Avenue Street Improvements, City Project R-95 (Report by Keith Helmuth)
Rosa of E. Yosemite Avenue asked if sidewalks were included as part of the improvements.

City Engineer Keith Helmuth responded that sidewalks are proposed in that area.

No further Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE.

ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-130 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

APPROVING AN AGREEMENT WITH MARK THOMAS IN THE AMOUNT OF $89,600 FOR PROFESSIONAL ENGINEERING AND GRANT WRITING SERVICES AND AUTHORIZING EXTRA SERVICES UP TO $9,000 FOR YOSEMITE AVENUE IMPROVEMENTS, CITY PROJECT R-95
D-2 Agreement with Provost & Pritchard Consulting Group Inc. for Engineering Design Services for Water Main Replacement under the Fresno River
Recommendation: Adopt a Resolution Approving an Agreement with Provost & Pritchard Consulting Group Inc. for $115,800 for Professional Engineering Design City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 6 of 13
Services for Completion of the Water Main Replacement under the Fresno River, Project W-00009 (Report by Keith Helmuth) A member of the audience (no name given) asked if they could cover the pipeline instead of burying it. Senior Civil Engineer Matt Bullis stated they cover the pipeline every year but is uncovered due to erosion.

No further Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-2 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE.

ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-131 A RESOLUTION APPROVING AN AGREEMENT WITH PROVOST & PRITCHARD CONSULTING GROUP INC. FOR $115,800.00 FOR

PROFESSIONAL ENGINEERING DESIGN SERVICES FOR COMPLETION OF

THE WATER MAIN REPLACEMENT UNDER THE FRESNO RIVER, PROJECT W-00009
D-3 Agreement for Memorial Monuments at Centennial Park and Rotary Park Recommendation: Adopt a Resolution Awarding Contract to David J. Boyle Electric Shop LLC, under IFB 202223-03 for Memorial Monuments at Centennial Park and Rotary Park, estimated at $14,520 and approving a Construction Services Agreement (Report by Joseph Hebert)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-3 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT:

NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA
City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 7 of 13

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AWARDING AN AGREEMENT RELATING TO INVITATION FOR BID NO. 202223-03 TO DAVID J. BOYLE ELECTRIC SHOP LLC IN THE AMOUNT OF $14,520 AND

APPROVING A CONSTRUCTION SERVICES AGREEMENT
D-4 Initiation of Proceedings for the Annexation of Tract 21-S-02/TSM2019-03 Pecan Square Subdivision into Community Facilities District 2005-1
Recommendation:
1) Adopt a Resolution Adopting a Boundary Map Showing the Territory Proposed for Annexation to Community Facilities District No. 2005-01; and 2) Adopt a Resolution Declaring the ItsIntention to Annex Territory (Tract 21- S-02/TSM2019-03 Subdivision) to Community Facilities District No. 2005- 01 (Public Services), to Authorize Levy of Special Taxes Therein, and Setting Public Hearing (Annexation No. 11) (Report by Will Tackett) No Public Comment was presented. Public Comment was closed.

ON MOTION BY MAYOR PRO TEM EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-4 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

ADOPTING A BOUNDARY MAP SHOWING TERRITORY PROPOSED FOR
ANNEXATION TO CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-01 (ANNEXATION #11)
RES 22-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY (PECAN SQUARE, TRACT 20-S-02 SUBDIVISION) TO THE CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PUBLIC SERVICES), TO

AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, AND SETTING PUBLIC HEARING (ANNEXATION NO. 11)
City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 8 of 13
D-5 Initiation of Proceedings for the Annexation of Tract 21-S-01/TSM2020-02 Crown Tozer Subdivision into Community Facilities District 2005-1
Recommendation:
1) Adopt a Resolution Adopting a Boundary Map Showing the Territory Proposed for Annexation to Community Facilities District No. 2005-01; and 2) Adopt a Resolution Declaring Its Intention to Annex Territory (Tract 21-S01/TSM2020-01 Subdivision) to the Community Facilities District No. 2005-01 (Public Services), to Authorize the Levy of Special Taxes Therein, and Setting Public Hearing (Annexation No. 12) (Report by Will Tackett) No Public Comment was presented. Public Comment was closed.

ON MOTION BY MAYOR PRO TEM EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-5 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

ADOPTING A BOUNDARY MAP SHOWING TERRITORY PROPOSED FOR
ANNEXATION TO CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-01 (ANNEXATION #12)
RES 22-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY {TRACT 21- S-0l/TSM2020-01 SUBDIVISION) TO THE CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PUBLIC SERVICES), TO AUTHORIZE THE

LEVY OF SPECIAL TAXES THEREIN, AND SETTING PUBLIC HEARING {ANNEXATION NO. 12)
D-6 Corrections to Attachments to Resolution Nos. 22-101, 22-102, and 22-103 for Water, Sewer, and Solid Waste Utility Rates
Recommendation:
1) Adopt a Resolution Correcting Attachment A to Resolution No. 22-101 relating to monthly rates to be charged for water services furnished by City for a five-year period; and
City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 9 of 13
2) Adopt a Resolution Correcting Attachment A to Resolution No. 22-102 relating to monthly rates to be charged for sewer services furnished by City for a five-year period; and
3) Adopt a Resolution Correcting Attachment A to Resolution No. 22-101 relating to monthly rates to be charged for solid waste services furnished by City for a five-year period (Report by Kingsley Okereke) No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-6 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE.

ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, CORRECTING ATTACHMENT A TO RESOLUTION NO. 22-101

RELATING TO MONTHLY RATES TO BE CHARGED FOR WATER SERVICES

FURNISHED BY THE CITY FOR A FIVE-YEAR PERIOD
RES 22-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, CORRECTING ATTACHMENT A TO RESOLUTION NO. 22-102

RELATING TO MONTHLY RATES TO BE CHARGED FOR SEWER SERVICES

FURNISHED BY THE CITY FOR A FIVE-YEAR PERIOD
RES 22-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, CORRECTING ATTACHMENT A TO RESOLUTION NO.22-103

RELATING TO MONTHLY RATES TO BE CHARGED FOR SOLID WASTE AND

STREET SWEEPING FURNISHED BY THE CITY FOR A FIVE-YEAR PERIOD E. ADMINISTRATIVE REPORTS:

E-1 City Council review with the City External Auditor, the Annual Audit Results, and Acceptance of the Fiscal Year 2020/21 Annual Comprehensive Financial Report (ACFR) Recommendation: Review and Accept the FY 2020/21 Annual Financial Audit and Recommendations and the Prepared ACFR (Report by Kingsley Okereke)

ON MOTION BY COUNCILMEMBER VILLEGAS AND SECONDED BY COUNCILMEMBER MONTES, ITEM E-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT:

NONE. ABSTAIN: NONE.

City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 10 of 13
THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
E-2 Direction regarding annual commemoration of Juneteenth in the City of Madera Recommendation: This item is being brought for consideration and direction at the request of the City Council (Report by Wendy Silva)
Former Councilmember Donald Holley and Pastor Yvonne Nealy recommended recognizing this day as a holiday.

Stanley Mackey recommended recognizing this day a fully paid holiday.

Police Chief Dino Lawson stated he has been enlightened and educated on the meaning of this day. He was not there to ask for a paid holiday but would not turn it down.

Maxine Barnett commented that her mother was the first black woman that was recognized as having a 100th birthday and then others have also been recognized. She stated this is how it gets started and how it needs to keep going.

Councilmembers Montes and Gallegos stated they support Juneteenth Day, but they have to look at the City’s financials. Councilmember Montes stated there are costs and they want to take it to the bargaining units at an appropriate time after Council has bargained and negotiated with the bargaining units.

Mayor Pro Tem Evans spoke on behalf of recognizing this day as a paid City holiday for the employees. She mentioned that she is the granddaughter of a slave. Her grandmother’s master fathered 13 children on her grandmother. She stated they celebrate Columbus Day (when Native Americans were already on that land) and Black Friday (The days the slaves were sold.) and they get that day off as a paid holiday. She supports Juneteenth Day as being a paid holiday day off.

Councilmember Rodriguez stated he is in support of the celebration and the opportunity to educate others on this day. He would like to see this as an annual event such like the Old Timers’ Day Parade. At the same time, he wants the employees and bargaining units to be part of the discussion and bargaining.

Mayor Garcia stated he is totally in support of making this a paid holiday and he does not want to take away any holiday that the employees currently get. He’d rathersee that Council makes the effort to make this a paid holiday for the employees. He asked if staff knew the cost of giving employees this paid holiday. Director of Human Resources Wendy Silva stated she would rather do some research and get back to them with a number.

City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 11 of 13
Mayor Garcia stated he is not worried about the bargaining units because he can’t see them objecting to getting an additional paid holiday; they would have an issue if a holiday were to be removed. He stated they can bring this item back in two weeks.

City Manager Arnoldo Rodriguez reiterated his understanding that Council wants staff to approach the labor groups, have staff do some calculating and get cost estimates and then come back at the next regular meeting of September 21, 2022.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM E-2 TO APPROACH THE LABOR GROUPS FOR FEEDBACK, HAVE STAFF DO

SOME CALCULATING AND GET COST ESTIMATES OF MAKING THIS AN EMPLOYEE PAID HOLIDAY DAY OFF, THEN COME BACK AT THE NEXT REGULAR MEETING OF SEPTEMBER 21, 2022 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilwoman Gallegos thanked City Staff who were involved with the Annual Audit. She stated the dedication of Almond Park was a great success and thanked all who were involved. She asked that the renaming of Olive & Knox Park / Jim Taubert Park be put on the agenda, in honor of his dedication to the community. All Councilmembers agreed with adding it to an agenda.

Councilmember Montes had nothing to report.

Councilmember Rodriguez had nothing to report.

Mayor Pro Tem Evans thanked her colleagues and those in attendance who spoke on the matter of Juneteenth as presented. She thanked Interim Director of Parks and Community Services Joseph Hebert and staff for their work on installing a water element at McNally Park. Mayor Pro Tem Evans acknowledged Joe Crown for his contributions with Almond Park as well as City Manager Arnoldo Rodriguez and City Clerk Alicia Gonzales for their leadership. She mentioned an incident at Town & Country Park in which she witnessed a resident sustain an injury after falling into a pothole along the walking trail. Upon being notified, City Staff immediately filled in the pothole to avoid additional City of Madera City Council Minutes
205 W. 4th Street August 17, 2022
Madera, CA 93637 Page 12 of 13
hazards and Mayor Pro Tem Evans emphasized the need to dedicate funding to improvements at this particular park.

Councilwoman Mejia mentioned she joined United Farm Workers who were marching from Delano to Sacramento to urge Governor Newsom to sign AB 2183 regarding absentee voting protections for farm workers. She commended the show of solidarity from the surrounding communities and thanked City Staff for providing accommodations for the workers to rest and rally. She highlighted that the group would reach Sacramento by August 26th and called for community support and encouraged donations for water, food, and housing. Councilmember Mejia stated she attended the first ever forum on indigenous communities hosted by Madera Community College which underscores the need for language access and paths to high education for this group. She requested that Council consider recognizing Indigenous People’s Day on October 12th and that the matter be placed on a future Agenda.

Councilmember Villegas mentioned an unfortunate situation of a farm worker who experienced a vehicle collision. He congratulated Madera Community College for securing a $1 million grand prize from the Lumia Foundation for providing the best student engagement strategy.

Mayor Garcia thanked the City for hosting United Farm Workers on their trek up to Sacramento. He acknowledged a 100-year birthday celebration for Mary Clow, a resident at Cedar Creek retirement facility, whose family and friends joined in celebrating her life and accomplishments. Mayor Garcia mentioned that he and several of his colleagues attended a ribbon cutting at Camarena Center on Almond Avenue, which provides a wide range of health care specialties.

G. CLOSED SESSION:

G-1 Liability Claim pursuant to Section 54956.95
Agency Claimed Against: City of Madera
Claimant: Brian Mata
Returned from Closed Session at 10:04 p.m. City Attorney Hilda Cantu Montoy announced that Council voted 7/0 to deny the claim.

ADJOURNMENT: Meeting was adjourned at 10:04 p.m.

UPCOMING MEETING DATES:
 Wednesday, September 21, 2022
 Wednesday, October 5, 2022
CONSISTENCY WITH THE VISION MADERA 2025 PLAN
Approval of the minutes is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk
City of Madera City Council Minutes
205 W. 4th Street August 3, 2022
Madera, CA 93637 Page 1 of 7

Minutes of a Regular Meeting of the Madera City Council August 3, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 825 3428 0298#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER: Meeting was called to order at 6:00 p.m.

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, City Engineer Keith Helmuth, Interim Director of Financial Services Kingsley Okereke, Grants Administrator Marcela Zuniga, Director of Human Resources Wendy Silva, IS Manager Mark Souders, Interim Director of Parks and Community Services Joseph Hebert, Police Lieutenant Mark Trukki, Cal Fire Battalion Chief Chris Reneau, Community Development Director Will Tackett, Senior Civil Engineer Steve Bettencourt, Assistant Engineer Alexis Raymundo, Financial Services Manager Anthony Forestiere, Water System Supervisor John Botwright and Communication Specialist Joseph Carrello.

INVOCATION: Mayor Pro Tem Evans
PLEDGE OF ALLEGIANCE: Councilmember Villegas
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM VILLEGAS, THE AGENDA WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN:

NONE.

Item: B-1
Minutes for: 08/03/2022
Adopted: 11/16/2022
City of Madera City Council Minutes
205 W. 4th Street August 3, 2022
Madera, CA 93637 Page 2 of 7
PUBLIC COMMENT:

Madera Community Hospital (MCH) Chief Executive Officer (CEO) Karen Paolinelli introduced MCH Board Members: Chairperson Deidra DiSilva, Vice Chairperson Stell Manfredi, and Executive Members of the Board Don Warnock and Monty Pistoresi. Ms. Paolinelli also introduced Mark Foote MCH Chief Financial Officer (CFO).

Ms. Paolinelli stated they are requesting that the City of Madera give some of their America Rescue Relief Funds to MCH. She stated that the County of Madera gave MCH $1,000,000 (1 Million) and asked that the City of Madera consider giving them that amount also.

Mr. Manfredi stated that they are in the process of affiliating with Saint Agnes Medical Center. They ask that the City Council agenda this request for $1 Million on their next meeting agenda.

Mr. Latif thanked Council for proclaiming that August was American Muslim Appreciation Month.

No further Public Comment was presented. Public Comment was closed.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Proclamation Recognizing August as American Muslim Appreciation and Awareness Month INTRODUCTIONS:

1. Introduction of Kristi Johnson, Grants Program Manager

2. Introduction of Will Tackett, Community Development Director A. WORKSHOP:

A-1 2022/23 Budget Workshop (Report by Kingsley Okereke) B. CONSENT CALENDAR:

No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, THE CONSENT CALENDAR WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT:

NONE. ABSTAIN: NONE.

City of Madera City Council Minutes
205 W. 4th Street August 3, 2022
Madera, CA 93637 Page 3 of 7
B-1 Minutes – 4/6/22, 4/18/22
Recommendation: Approve the City Council Minutes of April 6, 2022 and April 18, 2022 B-2 Informational Report on Register of Audited Demands for July 9, 2022 to July 22, 2022 Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Remote City Council Meetings Under Brown Act Requirements (AB 361) Recommendation: Council to Decide to Adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days (Report by Arnoldo Rodriguez) RES 22-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY

COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR A PERIOD OF

THIRTY DAYS
B-4 Participation in the Madera County Department of Public Health Emergency Preparedness Subcommittee Hospital Preparedness Program
Recommendation: Adopt a Minute Order Approving a Letter of Participation as a Participating Member in the Madera County Department of Public Health Emergency Preparedness Subcommittee Hospital Preparedness Program and Authorizing the City Manager to sign the letter (Report by Wendy Silva) B-5 Sidewalk Improvements to Maple, Santa Cruz, and Monterey Streets Recommendation: Adopt a Minute Order Approving:
1) Acceptance of the Construction of Sidewalk Improvement – Maple Street – Santa Cruz Street – Monterey Street, CDBG Project No. B19MC060053, City Project No. R-84 2) The Recording of Notice of Completion
3) The Release of Retention 35 Days after Recording of the Notice of Completion (Report by Keith Helmuth)
B-6 Engineering Design Services for Bid Package 3 Sidewalk Improvements at Various Locations Recommendation:
1) Adopt a Resolution Approving a Consultant Services Agreement with O’Dell Engineering in the amount of $402,344 for Engineering Design Services for Bid Package 3 Sidewalk Improvements at Various Locations, City Project R-94, AHSC Project No. 19- AHSC-12760;
2) Adopt A Resolution Appropriating $450,000 to Fiscal Year 2022/23 Capital Projects, City Project R-94, AHSC Project No. 19-AHSC-12760 (Report by Keith Helmuth) RES 22-118 A RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITH O'DELL ENGINEERING IN THE AMOUNT OF $402,344 FOR ENGINEERING DESIGN SERVICES FOR BID PACKAGE 3 SIDEWALK IMPROVEMENTS AT City of Madera City Council Minutes
205 W. 4th Street August 3, 2022
Madera, CA 93637 Page 4 of 7
VARIOUS LOCATIONS, CITY PROJECT R-94, AHSC PROJECT NO. 19-AHSC12760 RES 22-119 A RESOLUTION APPROPRIATING $450,000 TO FISCAL YEAR (FY) 2022/23 CAPITAL PROJECTS CITY PROJECT R-94, AHSC PROJECT NO. 19-AHSC-12760 B-7 Amendment No. 2 to the Lease Agreement between the City and Madera Cab Company Recommendation: Adopt a Resolution Approving Amendment No. 2 to the Lease Agreement between the City and Madera Cab Company for the use of office space at the Madera Intermodal Transit Center (Report by Kingsley Okereke) RES 22-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE LEASE AGREEMENT

BETWEEN THE CITY AND MADERA CAB COMPANY FOR THE USE OF OFFICE

SPACE AT THE MADERA INTERMODAL TRANSIT CENTER
B-8 Federal Transit Administration Grant Application for Transit Capital Assistance Recommendation: Adopt a Resolution Authorizing Submittal of a Federal Transit Administration (FTA) Section 5307 Grant Application in the amount of $698,053 (Report by Kingsley Okereke)
RES 22-121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT

ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED

STATES DEPARTMENTOFTRANSPORTATION, FOR FEDERAL
TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53; TITLE 23, UNITED STATES CODE, OR OTHER FEDERAL STATUTES

ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION
B-9 Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02) Final Map and Improvement Agreement and Initiation of Annexation Proceedings into Landscape Maintenance District Recommendation: Staff recommends that the Council:
1) Adopt a Resolution:
a. Approving the Final Map for the Vineyard Estates Phase III-A Subdivision b. Approving Improvement Agreement for the Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02)
c. Authorizing staff to record the Final Map and Improvement Agreement d. Accepting the Dedication of Land for Public Use
2) Adopt a Resolution:

Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into City of Madera Landscape Maintenance District Zone of Benefit 27B, to Review the Improvements and Assessments for Fiscal year 2023/24, and Setting a Public Hearing (Report by Keith Helmuth)
RES 22-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE FINAL MAP FOR THE VINEYARD ESTATES City of Madera City Council Minutes
205 W. 4th Street August 3, 2022
Madera, CA 93637 Page 5 of 7
PHASE Ill-A SUBDIVISION (TRACT NO. 21-S-02) AND IMPROVEMENT

AGREEMENT (AGREEMENT) AND ACCEPTNG DEDICATIONS FOR PUBLIC USE
RES 22-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY INTO

CITY OF MADERA LANDSCAPE MAINTENANCE DISTRICT (LMD) ZONE OF BENEFIT 278, TO REVIEW THE IMPROVEMENTS AND ASSESSMENTS FOR FISCAL YEAR 2023-2024, AND SETTING A PUBLIC HEARING
B-10 Consideration of a Minute Order Acceptance of a Fee Waiver to UFW Foundation Recommendation: Adopt a Minute Order Approving a Fee Waiver to the UFW Foundation for the Rental of the Rotary Park Facilities regarding the “Farm Worker March for the Governor Signature: AB-1283” (Report by Joseph Hebert) C. PUBLIC HEARINGS: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Engineering Design Services for the Westberry Bridge at the Fresno River Recommendation:
1) Adopt a Resolution Approving an Engineering Consultant Services Agreement with Cornerstone Structural Engineering Group Inc. for a fee of $1,015,144 for Engineering Design Services for the Westberry Bridge and 10% Contingency 2) Adopt a Resolution Appropriating $1,250,000 in the Fiscal Year 2022/23 Capital Projects Budget for the project (Report by Keith Helmuth) No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM D-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE.

ABSENT: NONE. ABSTAIN: NONE.

RES 22-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING A CONSULTANT SERVICES AGREEMENT WITH

CORNERSTONE STRUCTURAL ENGINEERING GROUP, INC IN THE AMOUNT OF$ 1,015,144.00 FOR ENGINEERING DESIGN SERVICES FOR THE WESTBERRY BRIDGE PROJECT, CITY PROJECT B-02
RES 22-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, APPROPRIATING $1,250,000.00 TO THE CITY OF MADERA FISCAL YEAR (FY) 2022/23 CAPITAL PROJECTS BUDGET FOR THE WESTBERRY BRIDGE

PROJECT (PROJECT) AT THE FRESNO RIVER
D-2 Franchise Agreement with Mid Valley Disposal for the Collection, Transportation, and Recycling of Solid Waste Services
City of Madera City Council Minutes
205 W. 4th Street August 3, 2022
Madera, CA 93637 Page 6 of 7
Recommendation: Adopt a Resolution Approving the Proposed Agreement with Mid Valley Disposal for the Collection, Transportation, and Recycling of Solid Waste Services (Report by Arnoldo Rodriguez)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-2 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE.

ABSENT: NONE. ABSTAIN: NONE.

RES 22-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA ("City"), APPROVING A FRANCHISE AGREEMENT WITH MID VALLEY DISPOSAL ("Franchisee") FOR SOLID WASTE AND RECYCLING

SERVICES AND AUTHORIZING THE MAYOR TO SIGN THE FRANCHISE

AGREEMENT ON BEHALF OF THE CITY
E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilwoman Gallegos congratulated Council Member Montes for being named Employee of the Quarter for the City of Fresno. she highlighted Madera Unified Superintendent’s praises of the city at the “We Believe Conference” and the efforts on making Madera a thriving community in which people want to live and learn. Regarding a public comment made by Madera Community Hospital, in which $1,000,000 in ARPA funds was requested to be allocated to their organization, Council Member Gallegos directed Staff to obtain financial reports and for this matter be placed on a future agenda for review.

Councilmember Montes had nothing to report.

Councilmember Rodriguez had nothing to report.

Mayor Pro Tem Evans requested for Juneteenth, June 19th to be citywide annual holiday for Staff and the matter was approved for further discussion at a future meeting.

Councilwoman Mejia had nothing to report.

Councilmember Villegas had nothing to report.

Mayor Garcia acknowledged Madera Ford for their dedication to the local community and for allowing him to participate in their annual back-to-school backpack giveaway that provided 200 children with backpacks filled with classroom essentials.

City of Madera City Council Minutes
205 W. 4th Street August 3, 2022
Madera, CA 93637 Page 7 of 7
G. CLOSED SESSION: None
ADJOURNMENT: Meeting was adjourned at 7:54 p.m.

UPCOMING MEETING DATES:
 Wednesday, August 17, 2022
 Wednesday, September 21, 2022
CONSISTENCY WITH THE VISION MADERA 2025 PLAN
Approval of the minutes is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of:November 16, 2022
Agenda Number: BͲ2
Department Director
_________________________________
City Manager
SUBJECT:
Informational Report on Register of Audited Demands
RECOMMENDATION:
Review Register of Audited Demands Report for October 22, 2022 to November 4, 2022 SUMMARY:
The Register of Audited Demands for the City covering obligations paid during the period of October 22, 2022 to November 4, 2022 is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 34423 – 34567 $1,243,573.41
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $600,465.37
SDI EDD $2,521.76
CalPERS Payment CalPERS $0
DISCUSSION:
Warrant requests are processed weekly based on the adopted Fiscal Year 2022/2023 budget and released for payment every Monday.Each demand has been audited and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per the request of City Council, we have included the departmentsfrom which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:
Demands for payments are made within the constraints of the approved 2022/2023 budget. CONSISTENCY WITH THE VISION MADERA 2025 PLAN:
These expenditures were spent considering Strategy 115: Economic Resource Provision: Ensure sufficient economic resources to provide adequate City services and prepare for future growth.

ALTERNATIVES:
Informational only.

ATTACHMENTS:
Register of Audited Demands

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34423 10/24/2022 PD OPS PD OPS VASQUEZ, RYAN PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34424 10/24/2022 PD OPS PD OPS KER'S GAS & LUBE, INC. 09/22 PD CAR WASHES 465.00 $ 34425 10/24/2022 PD OPS PD OPS BOEHM, STEVEN PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34426 10/24/2022 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 09/22 25,574.00 $ 34427 10/24/2022 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICESͲENGINEERING 480.00 $ 34428 10/24/2022 PD OPS PD OPS MCALISTER, JARON PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34429 10/24/2022 FINANCE PAYROLL TRUST COURT ORDERED DEBT COLLECTIONS COURT ORDERED DEBT COLLECTION 57.21 $ 34430 10/24/2022 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS $ 996.43 34431 10/24/2022 PD OPS PD OPS FADLEY, SHAWN PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34432 10/24/2022 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING SCREEN PRINTINGͲTINY TIKES 166.71 $ 34433 10/24/2022 PD OPS PD OPS PACIFIC STORAGE COMPANY SHREDDING SERVICES 306.00 $ 34434 10/24/2022 PD OPS PD OPS TRILOGY MEDWASTE WEST LLC STOP FEEͲNO WASTE 68.45 $ 34435 10/24/2022 ENGINEERING WATER OPS DAVIDS ENGINEERING, INC. PROFESSIONAL SERVICES 938.43 $ 34436 10/24/2022 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 110.37 $ 34436 10/24/2022 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 118.31 $ 34436 10/24/2022 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 520.28 $ 34436 10/24/2022 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 240.09 $ 34436 10/24/2022 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 873.20 $ 34436 10/24/2022 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 133.10 $ 34436 10/24/2022 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 642.46 $ 34436 10/24/2022 FINANCE FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 85.66 $ 34436 10/24/2022 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 114.84 $ 34436 10/24/2022 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 916.34 $ 34436 10/24/2022 FINANCE LMD SERVICES VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 53.25 $ 34436 10/24/2022 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 3,527.15 $ 34436 10/24/2022 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 2,063.45 $ 34436 10/24/2022 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 1,260.07 $ 34436 10/24/2022 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 2,114.80 $ 34436 10/24/2022 FINANCE TRANSͲFIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 2,770.57 $ 34436 10/24/2022 FINANCE TRANSͲDAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 2,520.83 $ 34436 10/24/2022 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 2,330.68 $ 34436 10/24/2022 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 458.43 $ 34436 10/24/2022 FINANCE WWTP VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 200.26 $ 34436 10/24/2022 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLESͲ09/16/22Ͳ09/30/22 9,469.70 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1ͲUNION BANK GENERAL ACCOUNT November 16, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34436 10/24/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDFͲBULK DIESELFUEL CDFͲBULK DIESEL 3,478.45 $ 34436 10/24/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDFͲ09/16/22Ͳ09/30/22 642.89 $ 34436 10/24/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDFͲ08/16/22Ͳ08/31/22 925.44 $ 34436 10/24/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDFͲ09/01/22Ͳ09/15/22 1,057.97 $ 34437 10/24/2022 PD OPS PARKS O&E TRANSPORTATION LLC RIVER CLEAN UP 8,000.00 $ 34438 10/24/2022 PD OPS PD OPS VIDEGAIN, ALICIA PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34439 10/24/2022 ENGINEERING TRANS IMPACT FEE CORNERSTONE STRUCTURAL ENGINEERING GROUP ENG DESIGN SERVICESͲWESTBERRY BRIDGE 88,983.90 $ 34440 10/24/2022 FINANCE FINANCE BRENDA MENDEZ PER DIEMͲCMRTA ANNUAL CONFERENCE 148.00 $ 34441 10/24/2022 WATER OPS WATER OPS PRECIOUS JEWEL, INC. LEAK DETECTION SERVICES 700.00 $ 34442 10/24/2022 PD OPS PD OPS BLAKE SHORT PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34443 10/24/2022 PD OPS PD OPS LAW OFFICE OF ANITA MARTIN REIMBURSEMENTͲCIVIL SUBPOENA FEE 275.00 $ 34444 10/24/2022 PD OPS PD OPS SARAH SARQUIZ PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34445 10/24/2022 PD OPS PD OPS RODNEY D SANFORD REGISTRATIONͲDEFENSIVE TACTICS INSTRUCTOR 2,308.00 $ 34446 10/24/2022 GRANTS GRANT OVERSIGHT DOWNTOWN MADERA HOUSING ASSOCIATES, REIMBURSEMENTͲSJVAPCDͲESPERANZA VILLAGE 526,918.35 $ 34447 10/24/2022 FINANCE COMM & REC AT&T 09/22 CALNET 3 SVS 9391026396 259.64 $ 34447 10/24/2022 FINANCE SR CITIZEN COMM AT&T 09/22 CALNET 3 SVS 9391026398 24.33 $ 34447 10/24/2022 FINANCE SR CITIZEN COMM AT&T 09/22 CALNET 3 SVS 9391026403 27.26 $ 34447 10/24/2022 FINANCE PD OPS AT&T 09/22 CALNET 3 SVS 9391059143 1,085.52 $ 34447 10/24/2022 FINANCE PD OPS AT&T 09/22 CALNET 3 SVS 9391026401 24.31 $ 34448 10/24/2022 FINANCE BUILDING AT&T 09/22 FIRSTNET SVS 287302656036 98.32 $ 34448 10/24/2022 FINANCE CITY CLERK AT&T 09/22 FIRSTNET SVS 287302656036 88.26 $ 34448 10/24/2022 FINANCE CITY COUNCIL AT&T 09/22 FIRSTNET SVS 287302656036 281.68 $ 34448 10/24/2022 FINANCE CODE ENF AT&T 09/22 FIRSTNET SVS 287302656036 34.86 $ 34448 10/24/2022 FINANCE COMPUTER MAINT AT&T 09/22 FIRSTNET SVS 287302656036 391.20 $ 34448 10/24/2022 FINANCE ENGINEERING AT&T 09/22 FIRSTNET SVS 287302656036 208.51 $ 34448 10/24/2022 FINANCE FACILITIES MAINT AT&T 09/22 FIRSTNET SVS 287302656036 692.13 $ 34448 10/24/2022 FINANCE FINANCE AT&T 09/22 FIRSTNET SVS 287302656036 138.56 $ 34448 10/24/2022 FINANCE FLEET MAINT AT&T 09/22 FIRSTNET SVS 287302656036 44.13 $ 34448 10/24/2022 FINANCE GRANT OVERSIGHT AT&T 09/22 FIRSTNET SVS 287302656036 49.16 $ 34448 10/24/2022 FINANCE HR/RISK MGT AT&T 09/22 FIRSTNET SVS 287302656036 61.03 $ 34448 10/24/2022 FINANCE PARKS AT&T 09/22 FIRSTNET SVS 287302656036 90.81 $ 34448 10/24/2022 FINANCE STREETS AT&T 09/22 FIRSTNET SVS 287302656036 49.16 $ 34448 10/24/2022 FINANCE UBͲGARBAGE AT&T 09/22 FIRSTNET SVS 287302656036 11.03 $ 34448 10/24/2022 FINANCE UBͲSEWER AT&T 09/22 FIRSTNET SVS 287302656036 11.03 $ 34448 10/24/2022 FINANCE UBͲWATER AT&T 09/22 FIRSTNET SVS 287302656036 22.07 $ 34448 10/24/2022 FINANCE WWTP AT&T 09/22 FIRSTNET SVS 287302656036 49.16 $ 34448 10/24/2022 FINANCE MEAS KͲPD AT&T 09/22 FIRSTNET SVS 287302656036 63.23 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34448 10/24/2022 FINANCE CITY MANAGER AT&T 09/22 FIRSTNET SVS 287302656036 61.03 $ 34448 10/24/2022 FINANCE PD OPS AT&T 09/22 FIRSTNET SVS 287300735068 28.37 $ 34448 10/24/2022 FINANCE PD OPS AT&T 09/22 FIRSTNET SVS 287302965625 4,797.31 $ 34448 10/24/2022 FINANCE PD OPS AT&T 01/22 FIRSTNET SVS 287300735068 40.24 $ 34449 10/24/2022 PD OPS PD OPS ADAMS, MARK PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34450 10/24/2022 PD OPS PD OPS GARCIA, VICTORIA PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34451 10/24/2022 ENGINEERING ENGINEERING AMERICAN BUSINESS MACHINES PLOT PRINTER 315.00 $ 34451 10/24/2022 PD OPS PD OPS AMERICAN BUSINESS MACHINES TONERͲPD 202.61 $ 34452 10/24/2022 PD OPS PD OPS ANAYA, CHRIS PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34453 10/24/2022 PD OPS PD OPS ARNOLD, JOSIAH PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34454 10/24/2022 PD OPS PD OPS BUSHEY, SHAWN PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34455 10/24/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE MISCELLANEOUS SERVICES 09/22 682.00 $ 34456 10/24/2022 PD OPS PD OPS CHIARAMONTE, GIACHINO PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34457 10/24/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE $ 830.24 34458 10/24/2022 FINANCE BUILDING COMCAST CITY INTERNET CONNECTION 09/22 63.70 $ 34458 10/24/2022 FINANCE CITY ATTORNEY COMCAST CITY INTERNET CONNECTION 09/22 18.85 $ 34458 10/24/2022 FINANCE CITY CLERK COMCAST CITY INTERNET CONNECTION 09/22 18.85 $ 34458 10/24/2022 FINANCE CODE ENF COMCAST CITY INTERNET CONNECTION 09/22 135.46 $ 34458 10/24/2022 FINANCE COMM & REC COMCAST CITY INTERNET CONNECTION 09/22 90.61 $ 34458 10/24/2022 FINANCE COMPUTER MAINT COMCAST CITY INTERNET CONNECTION 09/22 36.92 $ 34458 10/24/2022 FINANCE ENGINEERING COMCAST CITY INTERNET CONNECTION 09/22 126.49 $ 34458 10/24/2022 FINANCE FACILITIES MAINT COMCAST CITY INTERNET CONNECTION 09/22 27.82 $ 34458 10/24/2022 FINANCE FINANCE COMCAST CITY INTERNET CONNECTION 09/22 99.58 $ 34458 10/24/2022 FINANCE FLEET MAINT COMCAST CITY INTERNET CONNECTION 09/22 18.98 $ 34458 10/24/2022 FINANCE GRANT OVERSIGHT COMCAST CITY INTERNET CONNECTION 09/22 36.92 $ 34458 10/24/2022 FINANCE HR/RISK MGT COMCAST CITY INTERNET CONNECTION 09/22 36.92 $ 34458 10/24/2022 FINANCE PARKS COMCAST CITY INTERNET CONNECTION 09/22 45.76 $ 34458 10/24/2022 FINANCE PARKS ADMIN COMCAST CITY INTERNET CONNECTION 09/22 36.79 $ 34458 10/24/2022 FINANCE PLANNING COMCAST CITY INTERNET CONNECTION 09/22 45.50 $ 34458 10/24/2022 FINANCE STREETS COMCAST CITY INTERNET CONNECTION 09/22 45.76 $ 34458 10/24/2022 FINANCE RECREATION COMCAST CITY INTERNET CONNECTION 09/22 54.73 $ 34458 10/24/2022 FINANCE SEWER OPS COMCAST CITY INTERNET CONNECTION 09/22 32.37 $ 34458 10/24/2022 FINANCE SOLID WASTE COMCAST CITY INTERNET CONNECTION 09/22 36.79 $ 34458 10/24/2022 FINANCE SR CITIZEN COMM COMCAST CITY INTERNET CONNECTION 09/22 36.79 $ 34458 10/24/2022 FINANCE UBͲGARBAGE COMCAST CITY INTERNET CONNECTION 09/22 30.16 $ 34458 10/24/2022 FINANCE UBͲSEWER COMCAST CITY INTERNET CONNECTION 09/22 30.16 $ 34458 10/24/2022 FINANCE UBͲWATER COMCAST CITY INTERNET CONNECTION 09/22 59.28 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34458 10/24/2022 FINANCE WATER OPS COMCAST CITY INTERNET CONNECTION 09/22 41.34 $ 34458 10/24/2022 FINANCE WATER QUALITY COMCAST CITY INTERNET CONNECTION 09/22 18.98 $ 34458 10/24/2022 FINANCE WWTP COMCAST CITY INTERNET CONNECTION 09/22 27.82 $ 34458 10/24/2022 FINANCE CITY MANAGER COMCAST CITY INTERNET CONNECTION 09/22 18.85 $ 34458 10/24/2022 FINANCE PURCHASING COMCAST CITY INTERNET CONNECTION 09/22 27.82 $ 34459 10/24/2022 PD OPS PD OPS CEDERQUIST, BRENT PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34460 10/24/2022 PD OPS CODE ENF CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 09/22 87.50 $ 34460 10/24/2022 PD OPS UBͲGARBAGE CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 09/22 21.88 $ 34460 10/24/2022 PD OPS UBͲSEWER CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 09/22 21.88 $ 34460 10/24/2022 PD OPS UBͲWATER CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 09/22 43.74 $ 34461 10/24/2022 UBͲWATER UBͲGARBAGE DATAPROSE, LLC 10/22 NEWSLETTER 339.09 $ 34461 10/24/2022 UBͲWATER UBͲGARBAGE DATAPROSE, LLC 10/22 BILLING 2,445.02 $ 34461 10/24/2022 UBͲWATER UBͲSEWER DATAPROSE, LLC 10/22 NEWSLETTER 339.09 $ 34461 10/24/2022 UBͲWATER UBͲSEWER DATAPROSE, LLC 10/22 BILLING 2,445.03 $ 34461 10/24/2022 UBͲWATER UBͲWATER DATAPROSE, LLC 10/22 NEWSLETTER 678.19 $ 34461 10/24/2022 UBͲWATER UBͲWATER DATAPROSE, LLC 10/22 BILLING 4,890.06 $ 34462 10/24/2022 CITY ADMIN PD OPS LAWSON, DINO PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34463 10/24/2022 ENGINEERING MEAS TͲRTP EMMETT'S EXCAVATION, INC. CONSTRUCTION SERVICES SB1 SEALS & OVERLAYS 69,992.43 $ 34464 10/24/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 10/01/22Ͳ10/15/22 9,020.00 $ 34465 10/24/2022 PD OPS PD OPS FRESNO CITY COLLEGE REGISTRATION FEEͲRANGEMASTER 129.00 $ 34466 10/24/2022 PD OPS PD OPS GONZALEZ, FELIX PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34467 10/24/2022 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATEͲ10000658 200.00 $ 34467 10/24/2022 FINANCE WATER CONSERV CITY OF MADERA CLOTHES WASHER REBATEͲ10000658 200.00 $ 34467 10/24/2022 FINANCE WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATEͲ9913411Ͳ508052 199.00 $ 34467 10/24/2022 FINANCE WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATEͲ9924657Ͳ512123 200.00 $ 34468 10/24/2022 CITY CLERK PARKS MADERA TRIBUNE PUBLIC NOTICEͲPARK NAMING 364.00 $ 34468 10/24/2022 PURCHASING PLANNING MADERA TRIBUNE REQUEST FOR BIDͲRFP 202223Ͳ04 117.00 $ 34468 10/24/2022 PD OPS CODE ENF MADERA TRIBUNE ANNUAL SUBSCRIPTIONͲCODE ENFORCEMENT 59.00 $ 34469 10/24/2022 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 1,988.07 $ 34470 10/24/2022 PD OPS PD OPS MENDOZA, CLAUDIA PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34471 10/24/2022 PD OPS PD OPS MCCOMBS, MATTHEW PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34472 10/24/2022 PD OPS PD OPS OCCUͲMED, LTD. EXAM SERVICES 2,700.00 $ 34473 10/24/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 9787342989Ͳ4 119.92 $ 34473 10/24/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 5207933925Ͳ6 68.52 $ 34474 10/24/2022 PD OPS SUPP LAW ENF PECK'S PRINTERY PD VEHICLE PLACARD 35.40 $ 34475 10/24/2022 WWTP WWTP POLYDYNE INC. SLUDGE DEWATERING POLYMER 9,411.26 $ 34476 10/24/2022 PD OPS PD OPS ROSEL, JOHN PER DIEMͲLEADERSHIP RETREAT 166.50 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34477 10/24/2022 FLEET STREETS SJVAPCD AIR QUALITY PERMITS 129.00 $ 34477 10/24/2022 FLEET STREET CLEANING SJVAPCD AIR QUALITY PERMITS 129.00 $ 34478 10/24/2022 ENGINEERING LTFͲSTREETS SEAL RITE PAVING EMERGENCY PAVING REPAIRSͲALLEY CROSSING 9,490.00 $ 34478 10/24/2022 STREETS STREETS SEAL RITE PAVING ASPHALT PATCHING 15,988.27 $ 34479 10/24/2022 ENGINEERING MEAS TͲLTP ADA SEAL RITE PAVING CONTRACT FOR PROJECT RͲ85 10,068.25 $ 34480 10/24/2022 WWTP SEWER CAPITAL STANTEC CONSULTING SERVICES INC. PROFESSIONAL ENGINEERING CONSULTING 1,422.00 $ 34481 10/24/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTION $ 200.00 34482 10/24/2022 WWTP WWTP SYNAGRO WEST, INC. BIOSOLIDS DISPOSAL 21,686.69 $ 34483 10/24/2022 ENGINEERING LTFͲSTREETS TJKM TRANSPORTATION CONSULTANTS PROFESSIONAL ENGINEERING SERVICES 345.44 $ 34484 10/24/2022 PD OPS PD OPS TRUKKI, MARK PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34485 10/24/2022 FINANCE PAYROLL TRUST VANTAGEPOINT TRANSFER AGENTSͲ457 EE DEFERRED COMP CONTRIBUTIONS 27,362.19 $ 34486 10/24/2022 FINANCE AIRPORT OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 65.10 $ 34486 10/24/2022 FINANCE BUILDING VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 101.86 $ 34486 10/24/2022 FINANCE CITY COUNCIL VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 76.02 $ 34486 10/24/2022 FINANCE ENGINEERING VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 50.93 $ 34486 10/24/2022 FINANCE FACILITIES MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 50.93 $ 34486 10/24/2022 FINANCE FIRE VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 152.04 $ 34486 10/24/2022 FINANCE FLEET MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 0.40 $ 34486 10/24/2022 FINANCE HR/RISK MGT VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 38.01 $ 34486 10/24/2022 FINANCE PARKS VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 1.66 $ 34486 10/24/2022 FINANCE PLANNING VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 42.52 $ 34486 10/24/2022 FINANCE STREETS VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 12.76 $ 34486 10/24/2022 FINANCE SEWER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 4.70 $ 34486 10/24/2022 FINANCE STREET CLEANING VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 0.40 $ 34486 10/24/2022 FINANCE UBͲWATER VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 4.96 $ 34486 10/24/2022 FINANCE WATER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 143.01 $ 34486 10/24/2022 FINANCE WATER QUALITY VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 38.01 $ 34486 10/24/2022 FINANCE WWTP VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 110.77 $ 34486 10/24/2022 FINANCE MEAS KͲPD VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 40.76 $ 34486 10/24/2022 FINANCE CITY MANAGER VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 45.76 $ 34486 10/24/2022 FINANCE PD OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 09/11/22Ͳ10/10/22 533.13 $ 34487 10/24/2022 PD OPS PD OPS WEBSTER, NICHOLAS PER DIEMͲLEADERSHIP RETREAT 166.50 $ 34488 10/24/2022 PW ADMIN WATER CONSERV OTPͲREBATES TURF REPLACEMENT REBATE 2,523.00 $ 34489 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9904833 81.56 $ 34490 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9926220 36.98 $ 34491 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9908485 197.01 $ 34492 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9925045 107.84 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34493 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9923606 63.91 $ 34494 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9925353 102.16 $ 34495 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 7707001 43.45 $ 34496 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9917925 95.94 $ 34497 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9921256 84.05 $ 34498 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9905818 58.84 $ 34499 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9909912 239.33 $ 34500 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9918354 93.65 $ 34501 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9908026 60.07 $ 34502 10/24/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 10000395 92.14 $ 34503 10/24/2022 PARKS GENERAL TRUST OTPͲPARKS REFUNDS PARK DEPOSIT REFUNDͲLTC PAVILION 50.00 $ 34504 10/24/2022 PARKS GENERAL TRUST OTPͲPARKS REFUNDS PARK DEPOSIT REFUNDͲROTARY PAVILION 50.00 $ 34505 10/24/2022 PARKS GENERAL TRUST OTPͲPARKS REFUNDS PARK DEPOSIT REFUNDͲSUNRISE ROTARY 50.00 $ 34506 10/24/2022 PARKS GENERAL TRUST OTPͲPARKS REFUNDS PARK DEPOSIT REFUNDͲLTC AMPHITHEATER 100.00 $ 34507 10/24/2022 PARKS GENERAL TRUST OTPͲPARKS REFUNDS PARK DEPOSIT REFUNDͲSUNRISE ROTARY $ 50.00 34508 10/24/2022 PARKS GENERAL TRUST OTPͲPARKS REFUNDS PARK DEPOSIT REFUNDͲROTARY PAVILION 50.00 $ 34509 10/24/2022 PARKS GENERAL TRUST OTPͲPARKS REFUNDS PARK DEPOSIT REFUNDͲLTC PAVILION 50.00 $ 34510 10/24/2022 PARKS GENERAL TRUST OTPͲPARKS REFUNDS PARK DEPOSIT REFUNDͲLTC PAVILION 50.00 $ 34511 10/24/2022 PARKS GENERAL TRUST OTPͲPARKS REFUNDS PARK DEPOSIT REFUNDͲROTARY PAVILION 50.00 $ 34512 10/24/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB TERMINATION REFUND 1343 LOMA LINDA 100.37 $ 34513 10/24/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB TERM REFUND 313 E 9TH 222.25 $ 34514 10/31/2022 PD OPS PD OPS RAUL R. HERRERA JR. POLYGRAPHS 1,800.00 $ 34515 10/31/2022 PD OPS PD OPS DIEBERTS CREATIVE COPY INC BUSINESS CARDSͲPD 151.55 $ 34516 10/31/2022 PARKS PARKS ADMIN GLOBAL PAYMENTS, INC SUBSCRIPTIONͲACTIVE NET 06/21Ͳ05/22 1,333.33 $ 34517 10/31/2022 PD OPS PD OPS TIM J LAW EMPLOYMENT BACKGROUND 1,400.00 $ 34518 10/31/2022 FINANCE FINANCE ROMERO, ESTEVAN TUITION REIMBURSEMENT 1,651.33 $ 34519 10/31/2022 GRANTS TRANSͲFIXED MV TRANSPORTATION, INC. 09/22 TRANSIT OPERATOR 75,835.27 $ 34519 10/31/2022 GRANTS TRANSͲDAR MV TRANSPORTATION, INC. 09/22 TRANSIT OPERATOR 35,193.30 $ 34520 10/31/2022 IS COMPUTER MAINT ZOHO CORPORATION LOG 360 SET UP & CONFIGURATION 4,495.00 $ 34521 10/31/2022 PD OPS PD OPS CRISCOM PUBLIC RELATIONS, INC. GRANT RESEARCH & WRITING SERVICES 11/22 4,000.00 $ 34522 10/31/2022 PARKS PARKING DIST OPS ELITE MAINTENANCE AND TREE SERVICE 10/22 DOWNTOWN MAINTENANCE GROUP 1 455.00 $ 34522 10/31/2022 PARKS PARKS ELITE MAINTENANCE AND TREE SERVICE 10/22 NONͲMEDIAN MAINTENANCE GROUP 2 5,070.00 $ 34522 10/31/2022 PARKS MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE 10/22 MEDIAN MAINTENANCE GROUP 3 11,215.00 $ 34523 10/31/2022 FLEET MEAS TͲTRANSIT MADERA GLASS AND BODY, INC. BUS DECAL WRAP REMOVALS 2,576.00 $ 34524 10/31/2022 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 90.89 $ 34524 10/31/2022 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 350.59 $ 34524 10/31/2022 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 144.17 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34524 10/31/2022 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 386.86 $ 34524 10/31/2022 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 1,158.78 $ 34524 10/31/2022 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 308.32 $ 34524 10/31/2022 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 50.28 $ 34524 10/31/2022 FINANCE FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 409.10 $ 34524 10/31/2022 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 198.47 $ 34524 10/31/2022 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 527.48 $ 34524 10/31/2022 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 3,022.94 $ 34524 10/31/2022 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 2,033.16 $ 34524 10/31/2022 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 749.92 $ 34524 10/31/2022 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 1,814.25 $ 34524 10/31/2022 FINANCE TRANSͲFIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 2,798.26 $ 34524 10/31/2022 FINANCE TRANSͲDAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 2,546.01 $ 34524 10/31/2022 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 1,272.40 $ 34524 10/31/2022 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 594.07 $ 34524 10/31/2022 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/01/22Ͳ10/15/22 6,757.91 $ 34525 10/31/2022 HR HR/RISK MGT SIJ HOLDINGS LLC RECRUITMENT ADS 5,056.95 $ 34526 10/31/2022 FACILITIES FACILITIES MAINT WESTERN PACIFIC SIGNAL, LLC TRAFFIC SIGNAL SENSOR 5,813.03 $ 34527 10/31/2022 PW ADMIN AQUATICS PROGRM CENTRAL COATING COMPANY, INC. ROOF REPAIR 559.00 $ 34528 10/31/2022 FINANCE WWTP BOND ADMIN HAWKINGS DELAFIELD & WOOD LLP ARBITRAGE REBATE & YIELD RESTRICTION SERVICES 2,550.00 $ 34529 10/31/2022 PD OPS PARKS O&E TRANSPORTATION LLC RIVER CLEAN UP 13,750.00 $ 34530 10/31/2022 PW ADMIN COMM & REC MESA ENERGY SYSTEMS, INC HVAC MAINTENANCEͲJWYC 550.00 $ 34530 10/31/2022 PW ADMIN COMM & REC MESA ENERGY SYSTEMS, INC HVAC MAINTENANCEͲPAN AM 1,164.44 $ 34530 10/31/2022 PW ADMIN FIRE MESA ENERGY SYSTEMS, INC HVAC MAINTENANCEͲFIRE #58 1,210.00 $ 34531 10/31/2022 FLEET FLEET ACQUISITION WATTCO EQUIPMENT, INC COMMAND CABINETͲBATTALION TRUCK 11,764.81 $ 34532 10/31/2022 PARKS SR CITIZEN COMM MADERA COUNTY FOOD BANK AGING FOOD SUPPLIES 128.80 $ 34533 10/31/2022 GRANTS HOME DAP BACKOWSKI LAW GROUP, PC LEGAL SERVICESͲ2084.002 #23 118.00 $ 34533 10/31/2022 GRANTS HOME DAP BACKOWSKI LAW GROUP, PC LEGAL SERVICESͲ2084.003 #86 88.50 $ 34534 10/31/2022 FINANCE AIRPORT OPS AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 453.31 $ 34534 10/31/2022 FINANCE BUILDING AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 92.24 $34534 10/31/2022 FINANCE CITY ATTORNEY AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 30.05 $ 34534 10/31/2022 FINANCE CITY CLERK AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 25.30 $ 34534 10/31/2022 FINANCE CODE ENF AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 505.49 $ 34534 10/31/2022 FINANCE COMM & REC AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 1,412.12 $ 34534 10/31/2022 FINANCE COMPUTER MAINT AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 95.41 $ 34534 10/31/2022 FINANCE ENGINEERING AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 211.90 $ 34534 10/31/2022 FINANCE FINANCE AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 72.21 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34534 10/31/2022 FINANCE FIRE AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 907.15 $ 34534 10/31/2022 FINANCE GRANT OVERSIGHT AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 88.55 $ 34534 10/31/2022 FINANCE HR/RISK MGT AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 60.09 $ 34534 10/31/2022 FINANCE PLANNING AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 77.48 $ 34534 10/31/2022 FINANCE UBͲGARBAGE AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 176.06 $ 34534 10/31/2022 FINANCE UBͲSEWER AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 176.05 $ 34534 10/31/2022 FINANCE UBͲWATER AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 352.11 $ 34534 10/31/2022 FINANCE CITY MANAGER AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 30.05 $ 34534 10/31/2022 FINANCE PD OPS AT&T 09/22 SERVICE 831Ͳ000Ͳ6408Ͳ576 505.49 $ 34535 10/31/2022 FINANCE MEAS KͲFIRE AT&T 10/22 CALNET 3 SVS 9391068734 49.20 $ 34535 10/31/2022 FINANCE SEWER OPS AT&T 10/22 CALNET 3 SVS 9391031570 211.65 $ 34535 10/31/2022 FINANCE PD OPS AT&T 10/22 CALNET 3 SVS 9391020514 167.08 $ 34536 10/31/2022 IS COMPUTER MAINT CDW GOVERNMENT, INC VIRUS PROTECTION RENEWAL 4,978.80 $ 34537 10/31/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE MISCELLANEOUS SERVICES 07/22Ͳ09/22 1,876.98 $ 34537 10/31/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 09/22 BLOOD ALCOHOL ANALYSIS 1,050.00 $ 34538 10/31/2022 PURCHASING BUILDING CANON FINANCIAL SERVICES COPIER LEASE 10/22 19.57 $ 34538 10/31/2022 PURCHASING CITY CLERK CANON FINANCIAL SERVICES COPIER LEASE 10/22 174.31 $ 34538 10/31/2022 PURCHASING CODE ENF CANON FINANCIAL SERVICES COPIER LEASE 10/22 623.34 $ 34538 10/31/2022 PURCHASING FINANCE CANON FINANCIAL SERVICES COPIER LEASE 10/22 866.29 $ 34538 10/31/2022 PURCHASING HR/RISK MGT CANON FINANCIAL SERVICES COPIER LEASE 10/22 174.31 $ 34538 10/31/2022 PURCHASING PARKS ADMIN CANON FINANCIAL SERVICES COPIER LEASE 10/22 119.59 $ 34538 10/31/2022 PURCHASING SEWER OPS CANON FINANCIAL SERVICES COPIER LEASE 10/22 45.93 $ 34538 10/31/2022 PURCHASING SOLID WASTE CANON FINANCIAL SERVICES COPIER LEASE 10/22 45.93 $ 34538 10/31/2022 PURCHASING TRANSͲFIXED CANON FINANCIAL SERVICES COPIER LEASE 10/22 174.31 $ 34538 10/31/2022 PURCHASING TRANSͲDAR CANON FINANCIAL SERVICES COPIER LEASE 10/22 174.31 $ 34538 10/31/2022 PURCHASING WATER OPS CANON FINANCIAL SERVICES COPIER LEASE 10/22 45.93 $ 34538 10/31/2022 PURCHASING PD OPS CANON FINANCIAL SERVICES MPD COPIER 10/22 200.26 $ 34539 10/31/2022 FINANCE FINANCE DEMSEY, FILLIGER & ASSOCIATES, LLC GASB 75 OPEB ACTUARIAL REPORT 750.00 $ 34540 10/31/2022 ENGINEERING ENGINEERING FEDERAL EXPRESS EXPRESS SHIPPING 25.82 $ 34541 10/31/2022 PD OPS PD OPS CITY OF FRESNO FIREARMS INSTRUCTOR CLASSͲRANGE FEES 115.00 $ 34542 10/31/2022 PW ADMIN FACILITIES MAINT JAM SERVICES INC TRAFFIC SIGNAL BULBS 285.78 $ 34543 10/31/2022 HR INS/RISK MGT LIEBERT CASSIDY WHITMORE LEGAL FEES 532.50 $ 34544 10/31/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 10/22 UTILITY SERVICEͲ3040421Ͳ500276 51.55 $ 34544 10/31/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 10/22 UTILITY SERVICEͲ3040431Ͳ500276 90.45 $ 34544 10/31/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 10/22 UTILITY SERVICEͲ3040441Ͳ500276 252.86 $ 34545 10/31/2022 BUILDING BUILDING CITY OF MADERA REIMBURSE CANCELLED PERMITͲ12612 20.90 $ 34546 10/31/2022 HR HR/RISK MGT MADERA TRIBUNE RFP FOR RECRUITING SERVICES 110.50 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34546 10/31/2022 PD OPS PD OPS MADERA TRIBUNE ANNUAL SUBSCRIPTIONͲMPD 59.00 $ 34547 10/31/2022 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 89.70 $ 34548 10/31/2022 ENGINEERING AFFORD HOUSING O'DELL ENGINEERING, INC. DESIGN SVSͲSIDEWALK IMPROVEMENT PROJECT 56,201.63 $ 34548 10/31/2022 PARKS ADMIN PARKS O'DELL ENGINEERING, INC. PARKS DESIGN SERVICESͲOLIVE PARK 10,432.35 $ 34549 10/31/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 6690755760Ͳ8 85.99 $ 34549 10/31/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 1619119913Ͳ8 96.80 $ 34550 10/31/2022 GRANTS GRANT OVERSIGHT RANEY PLANNING & MANAGEMENT, INC. CONSULTING SERVICES 1,771.52 $ 34551 10/31/2022 IS COMPUTER MAINT SOUTHERN COMPUTER WAREHOUSE VIDEO MONITORS 50.00 $ 34552 10/31/2022 PW ADMIN WATER CONSERV OTPͲREBATES TURF REPLACEMENT REBATE 2,257.00 $ 34553 10/31/2022 PW ADMIN WATER CONSERV OTPͲREBATES TURF REPLACEMENT REBATE 1,056.00 $ 34554 10/31/2022 PW ADMIN WATER CONSERV OTPͲREBATES TURF REPLACEMENT REBATE 2,000.00 $ 34555 10/31/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9913590 256.96 $ 34556 10/31/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 8640004 228.84 $ 34557 10/31/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9924923 242.40 $ 34558 10/31/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 6992003 13.16 $ 34559 10/31/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9897992 183.46 $ 34560 10/31/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9904194 379.54 $ 34561 10/31/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9897077 98.10 $ 34562 10/31/2022 UBͲWATER GENERAL FUND AR REFUNDS UB TERM REFUND 9913423 14,891.38 $ 34563 10/31/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 5645001 17.52 $ 34564 10/31/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9894157 53.34 $ 34565 10/31/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9907114 152.46 $ 34566 10/31/2022 FINANCE WATER FUND OTPͲUB REFUNDS DEPOSIT FROM MAIS TO MUNIS 159.72 $ 34567 11/03/2022 PARKS SPECIAL EVENTS PETTY CASHͲPARKS DEPT. PETTY CASHͲPOMEGRANATE FESTIVAL 800.00 $ 148 10/24/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 10/18/2022 596.40 $ 149 10/24/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 10/21/2022 234.74 $ 150 10/27/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 08/23/2022 306.23 $ 152 11/03/2022 FINANCE PAYROLL TRUST N.P.C.ͲORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 8,791.43 $ 153 11/03/2022 FINANCE PAYROLL TRUST N.P.C.ͲORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 2,627.50 $ 154 11/03/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 10/25/2022 67.90 $ BANK #1ͲUNION BANK GENERAL ACCOUNT TOTAL $ 1,243,573.41

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 16, 2022
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Personnel Activity
RECOMMENDATION:

This report is submitted for informational purposes only and there is no action requested from the City Council (Council).

SUMMARY:

The purpose of this report is to provide the Council a monthly informational update on employment matters, including new hires, transfers, and terminations.

DISCUSSION:

The Civil Service Commission met November 1, 2022, and approved eligibility lists for the following classifications:
▪ Administrative Analyst
▪ Public Safety Dispatcher
▪ Police Officer I
▪ Police Officer Trainee
The following employees began employment with the City since our last report.

Table 1: New Hires and Re-hires
Name Position Department Status* Effective
Date
Maria Ochoa Park Aide Parks & Community
Services
PT 10/24/22
Marco CamposSanchezPublic Works
Maintenance Worker I
Public Works,
Airport
PT 11/1/22
B-3
Table 1: New Hires and Re-hires, continued
Name Position Department Status* Effective
Date
Tristan Okpalaugo Police Officer Trainee Police Department FT 11/5/22 Dou Xiong Public Safety Dispatcher Police Department FT 11/5/22 Stephanie Rodriguez Records Clerk Police Department FT 11/7/22 Daisy Reyes Office Assistant I Parks & Community
Services
PT 1/7/22
*Status: PT = Part Time, FT = Full Time
The following promotions, transfers, or assignment changes occurred since our last report.

Table 2: Promotions, Transfers, or Assignment Changes
Name Old Position New Position Effective
Date
Armando Villagomez
Espinoza Park Aide, Part Time Parks Worker I, Full Time 10/24/22 Christopher
Rodriguez
Public Works Maintenance
Worker II, Streets Division
Public Works Maintenance
Worker II, Water Division 10/24/22
Anthony Rodriguez Public Works Maintenance
Worker II, Streets Division
Public Works Maintenance
Worker II, Water Division 10/24/22
David Cornish Construction Inspector II,
Part Time
Construction Inspector II,
Full Time 11/7/22
The following employees separated from employment since our last report.

Table 3: Separations
Name Position Department Status* Effective
Date
Oscar Gonzales Public Works Maintenance
Worker I
Public Works,
Airport
PT 2/4/22
Ricardo Olea Assistant Planner Planning FT 10/14/22
John Luthey Wastewater Treatment
Plant Lead Operator
Public Works,
Wastewater
Treatment
FT 10/20/22
Clay Hoover Police Officer II Police Department FT 10/31/22 *Status: PT = Part Time, FT = Full Time
FINANCIAL IMPACT:

Funding for positions and employees to fill those positions is contemplated annually by the Council in the budget process. During the course of any given fiscal year, individual employees filling specific positions may change due to a number of various circumstances. All hiring and termination decisions are subject to the approval of the City Manager.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

Award of Agreement for Medical Services
RECOMMENDATION:

Adopt a resolution approving a Medical Services Agreement with Occu-Med SUMMARY:

The City utilizes medical service providers for pre-employment physicals and drug screens, safety sensitive driver drug and alcohol testing, commercial driver physical exams, industrial injury exam and treatment, and fitness-for-duty exams. The existing medical services agreement is due to expire and staff published a Request for Proposals (RFP) seeking medical service providers to meet the City’s ongoing needs. Based on responses submitted, staff anticipates recommending award of two (2) agreements. At this time, one vendor, Occu-Med, is being recommended for award of agreement. The second vendor will be brought to Council for consideration of award at a later date once the agreement is finalized.

DISCUSSION:

The City routinely requires medical services including, but not limited to:
▪ Pre-employment physicals and drug screening
▪ Pre-employment physicals for Peace Officers and Public Safety Dispatcher compliant with the California Commission on Peace Officer Standards and Training (POST) ▪ Industrial injury care
▪ Department of Transportation (DOT) safety sensitive diver drug and alcohol testing ▪ Department of Motor Vehicles (DMV) commercial driver physicals ▪ General medical needs for existing employees such as annual audiograms in support of the City’s hearing conservation program
B-4
The City published RFP 202223-01 seeking proposals from medical service providers to meet the City’s ongoing needs. The RFP was published on the City’s website and in the Madera Tribune.

Additionally, notice of the RFP was provided directly to seven (7) known local providers of employment-related medical services.

Table 1. List of medical services providers notified of RFP publication Medical Service Provider Proposal Submitted
Madera Community Hospital No
Concentra Urgent Care Yes
Camarena Health Centers No
Kaiser Permanente On-the-Job Yes
St. Agnes Care Occupational Health No
Apollo No
Occu-Med Yes
The City received three (3) proposals in response to the RFP. The proposals were reviewed by a committee consisting of Human Resources and Police Department staff who routinely work with existing medical service providers. Based on this review and interviews with each proposer, it is recommended the City award two (2) agreements for medical services. At this time, Occu-Med has approved their proposed agreement and is ready to move forward with providing services.

The second vendor agreement will be brought to Council for consideration at a later date once the agreement is finalized.

The proposed agreement with Occu-Med will provide for all services except industrial injury care and will be used most for POST pre-employment physicals needed by the Madera Police Department. The agreement will also allow for additional pre-employment and postemployment services depending on the City’s needs and availability of the anticipated second provider. Occu-Med’s proposed agreement provides for a fixed price for the various proposed services over the five (5) year term.

FINANCIAL IMPACT:

The City’s existing medical services agreement was entered into in 2015 with fixed pricing at that time. While the proposed agreement will reflect more current-pricing, staff anticipated the updated agreements and pricing when developing the adopted Fiscal Year 2022-23 budget.

ALTERNATIVES:

Council could direct staff to solicit additional proposals.

ATTACHMENTS:

1. Resolution approving Medical Services Agreement
a. Exhibit 1: Medical Services Agreement with Occu-Med
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING AN AGREEMENT FOR MEDICAL SERVICES WITH OCCU-MED WHEREAS, the City of Madera has a need for ongoing medical services and prepared a Request for Proposals (RFP) to solicit bids for such services; and WHEREAS, Occu-Med submitted a proposal to provide pre- and post-employment medical services for the City of Madera; and
WHEREAS, based on review of the proposal, Occu-Med is qualified to provide and/or facilitate needed medical services; and
WHEREAS, an agreement has been prepared between the City of Madera and Occu-Med for medical services that is in the best interests of both parties.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. The Agreement for Medical Services between the City and Occu-Med, a copy of which is attached hereto as Exhibit 1 and incorporated herein, is approved.

3. This resolution is effective immediately upon adoption. * * * * * * * * * * * * * * * * * * * *

CITY OF MADERA

MEDICAL SERVICES AGREEMENT
THIS Medical Services Agreement (“Agreement”) is made and entered into by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “City”, and OCCU-MED, LTD., hereinafter called “Service Provider.”

RECITALS
A. The City desires to make available to its employees and prospective employees comprehensive medical services in an efficient and economical manner.

B. Service Provider is a Service Provider having the necessary experience and qualifications to facilitate medical services to those employees eligible for such services required by the City.

C. City desires to retain Service Provider to provide said services, as detailed further herein.

AGREEMENT

1. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference.

2. Services. The City hereby contracts with Service Provider to provide medical services for employees herein set forth at the compensation and upon the terms and conditions herein expressed, and Service Provider hereby agrees to perform such services for said compensation, and upon said terms and conditions. City will authorize Service Provider to commence work upon written notice to Service Provider.

3. Obligations, duties, and responsibilities of Service Provider (Scope of Services). It shall be the duty, obligation, and responsibility of the Service Provider, in a skilled and professional manner, to perform the services in accordance with the Scope of Work identified in EXHIBIT A which is attached and incorporated by reference.

4. Compensation.

4.1. For all services City shall compensate Service Provider for services based on the agreed upon Fee Schedule set forth in EXHIBIT B. Exhibit B is attached and incorporated by reference.

4.2. The billing statements shall be prepared and organized in a manner that facilitates an efficient review of the services performed. Items should be billed as described on the Fee Schedule in Exhibit B and must be organized in such a way that the City can identify to whom the services were provided.

Exhibit 1

4.3. Any billing disputes brought forth by the City must be submitted within fourteen (14) days of the receipt of the billing statement. Such disputes will be submitted by electronic mail (email) to the billing contact provided by Service Provider. Billing contact for Service Provider is Sherri Conley, [email protected], 559.435.2800 x120.

4.4. It is expressly understood that Service Provider shall coordinate the submission of billings to the City on behalf of all other medical services or service providers, for all health services rendered as listed in the Scope of Work identified in Exhibit A.

4.5. Payment shall be made directly by the City to the Service Provider within thirty (30) days of receipt of billing. All claims will include patient name, date of service and type of services provided. Billings to be made directly to the following address:

City of Madera Human Resources Department
205 W. 4th Street
Madera, CA 93637

5. Term and Termination.

5.1. This Agreement shall be effective beginning on November 17, 2022, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect for five (5) years unless otherwise terminated by the City.

5.2. City reserves the right to discharge Service Provider and terminate this Agreement at any time with thirty (30) days’ notice. In the event of such discharge or termination, the City shall compensate Service Provider for services rendered up to and including the date of termination. City shall terminate services and/or the Agreement by delivering to Service Provider a written notice specifying the extent to which services and/or the Agreement are terminated and the effective date of the termination. Notice of termination shall be provided as follows:

Chris St. George
[email protected]
559.435.2800 x 207

6. Independent contractor. Service Provider shall perform the Services under this Agreement as an independent contractor and not as an officer, employee, agent or volunteer of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Service Provider’s employees, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Service Provider’s employees, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant or its agents or employees perform the services under this Agreement.

7. Indemnification and Waivers. To the furthest extent allowed by law, Service Provider shall indemnify, hold harmless, and defend City and each of its officers, officials, Exhibit 1
employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage), and from any and all claims, demands, and actions in law or equity (including reasonable attorney’s fees and litigation expense) that arise out of, pertain to, or related to the negligence, recklessness, or willful misconduct of Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. The obligations under this paragraph are in addition to, and are not limited by any insurance which Service Provider is otherwise required to maintain under this Agreement.

8. Insurance. During the term of this Agreement, Service Provider shall maintain, keep in force and pay all premiums required to maintain and keep in force commercial general liability, workers’ compensation, medical malpractice and employer’s liability insurance. The limits and coverages provided by such policiesshall be as required in EXHIBIT C of this Agreement.

Exhibit C is attached and incorporated by reference.

9. Compliance with Law. Service Providershall be familiar with and shall comply with all City, State, and Federal laws and regulations applicable to the work to be performed under this Agreement. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws, regulations, and resolutions of the United States, the State of California, and the City of Madera now in force and as they may be enacted, issued, or amended during the term of this Agreement.

10. Confidentiality. All data, medical reports, medical information, conclusions, opinions, recommendations and other work product prepared and performed by and on behalf of Service Provider in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City unless otherwise provided by law or expressly authorized by City. Service Provider shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement.

11. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Service Provider without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Service Provider shall not assign the payment of any monies due Service Provider from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Service Provider directly to Service Provider.

12. Miscellaneous.

12.1. Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.

12.2. Governing Law. The parties agree that this Agreement shall be governed and constructed by and in accordance with the Laws of the State of California.

Exhibit 1

12.3. Required License and Professional Credentials. Service Provider and personnel providing services shall maintain all licenses and professional credentials necessary for the provision of such services. Service Provider shall promptly notify City of changes of status or events that might impact the provision of professional services to City.

12.4. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.

12.5. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

12.6. Incorporation of Documents. All documents constituting the Agreement documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.

12.7. Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties. There are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

12.8. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.

12.9. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

12.10. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.

12.11. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.

12.12. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Madera or in the United States District Court for the Eastern District of California.

12.13. Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party.

Exhibit 1

12.14. Counterpart Signatures. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

13. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Service Provider and the City.

OCCU-MED, LTD. CITY OF MADERA

______________________________ _______________________________ Andrew Johnson Santos Garcia
President Mayor
Date: ____________________, 2022 Date: ___________________, 2022

ATTEST APPROVED AS TO FORM
______________________________ ______________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: ____________________, 2022 Date: ____________________, 2022 Exhibit 1

EXHIBIT A

SCOPE OF WORK
A. Pre-Employment Physicals (post job offer)

1. Provide a general basic physical by a licensed physician or physician’s assistant for job candidates based on the proposed job description. Job descriptions will be provided by the City of Madera. For all candidates, this will include collection of a urine specimen for 5-panel drug testing with Medical Review Officer (MRO) services in compliance with the City’s Drug Free Workplace Policy. For some candidates, this may also include audiogram, depending on the proposed job description.

2. Provide pre-employment physicals by a licensed physician for law enforcement personnel compliant with California Commission on Peace Officer Standards Training (POST) regulations. This applies to the positions of Police Officer and Public Safety Dispatcher. For more information on POST standards and regulations relating to preemployment medical exams, please visit https://www.post.ca.gov/medical-screeningmanual.aspx. The Peace Officer pre-employment physical form is provided in Attachment A. The Public Safety Dispatcher pre-employment physical form is provided in Attachment B.

3. Provide reports on pre-employment physicals and ancillary testing to the City via facsimile, electronic mail, or through a secure portal within three (3) business days of the appointment. If information is delayed, the physician’s office must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.

4. Provide sufficient staffing availability to schedule appointments within one (1) week of a request for appointment. The City understands that services may vary by applicant and subsequent examinations may occur after the initial exam in order to meet the medical screening guidelines as published by POST. These subsequent appointments/services should be scheduled as soon as practicable.

B. Safety Sensitive Driver Drug and Alcohol Testing

1. Provide drug and alcohol testing services for employees of the City of Madera subject to drug and alcohol testing because of safety sensitive duties. a) Alcohol testing procedures must be compliant with 49CFR Part 40 and must be conducted by a certified Breath Alcohol Technician using an evidential breath testing device approved by the National Motor Carrier Safety Administration. b) Drug testing procedures must be compliant with 49 CFR Part 40. Drug testing must be conducted using a split sample urine specimen.

2. Provide results of alcohol testing immediately after completion of testing to the City of Madera via facsimile, electronic mail, or through a secure portal.

3. Provide results of drug testing within three (3) business days of the test to the City of Madera via facsimile, electronic mail, or through a secure portal. If information is delayed, the physician’s office must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.

Exhibit 1

4. Services to provide Safety Sensitive driver drug and alcohol testing as described must be available Monday through Friday, 8:00 am – 5:00 pm. Individuals reporting for testing must be seen within 30 minutes of initial patient check-in.

C. Commercial Driver Physical Examinations

1. Provide DOT compliant physical exams and drug testing (urine specimen).

2. Provide results of exam and drug testing within three (3) business days of the exam via facsimile, electronic mail, or through a secure portal. If information is delayed, the physician’s office must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.

3. Provide sufficient staffing availability to schedule appointments within three (3) City business days of a request for appointment. If physicals are offered on a walk-in basis, candidates should be seen by the physician within 45 minutes of initial patient check-in.

D. Fitness for Duty Examinations

1. Based on an agreed upon approach between the City and Occu-Med specific to each case:
a) Provide physical examinations to determine fitness for duty pursuant to the employee’s applicable job description as needed.
b) Provide results of the exam to the City of Madera within three (3) business days of the appointment. If information is delayed, the physician’s office must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.
c) Provide sufficient staffing availability to schedule appointments within three (3) City business days of a request for appointment.

Exhibit 1

EXHIBIT B

FEE SCHEDULE
Services:

General Physical Examination$ 91.00
Audiogram - With Headset$ 52.00
Hardy-Rand-Ritler (HRR)$ 52.00
PPD (TB) Skin Test$ 26.00
Resting EKG (12-Lead) with Interpretation$ 65.00
Pulmonary Function Test with Interpretation$ 78.00
ChestX-Ray (PA)$ 91.00
Treadmill Stress Test$ 208.00
DOT Exam& Certificate$ 97.50
Dipstick Urinalysis$-
Venipuncture$ 26.00
Drug Screen Collection$ 26.00
(LABCORP) HepatitisB Surf Ab Quant [Titer]$ 21.00
(LABCORP) Chemistry Profile 23$ 25.00
(LABCORP) CBC$ 20.00
(LABCORP) Cholinesterase, RBC$ 55.00
(LABCORP) Urinalysis$ 12.00
(LABCORP) DOT SAMHSA Urine Drug Screen$ 36.00
(LABCORP)5-Panel Split-Specimen Urine Drug Screen$ 36.00 (LABCORP)5-Panel Urine Drug Screen$ 36.00
Breath Alcohol Testing$ 58.50
DOT Breath Alcohol Testing$ 58.50
Vaccinations: Safeway
Immunization Management$ 45.00
Hepatitis A&B Vaccination (TwinRix)$ 177.31
HepatitisA Vaccination$ 112.91
HepatitisB Vaccination$ 111.14
Influenza Vaccination$ 42.89
MMR Vaccination$ 123.76
Rabies Vaccination$ 480.99
TDAP Vaccination$ 69.73
Tetanus-Diphtheria Vaccination$ 61.49
Varicella Vaccination$ 208.39
Review Fees:

OSHA Respirator Questionnaire Admin/Review
$ 35.00
QA2 Fee (charged once per exam)
$ 95.00
Exhibit 1
Consulting Service Fees

1. Job Analysis: $2,000 per day (travel and per diem will also be charged at current U.S.

General Services Administration rates)

2. Staff: $85 per hour (fitness-for-duty and return-to-work evaluations, basic research)

3. Senior Staff: $125 per hour (advanced research, reasonable accommodation investigation, assistance with appeals, and fitness-for-duty and return-to-work evaluations)

4. Executive Staff: $190 per hour (research, project design, systems development, advanced fitness-for-duty and return-to-work evaluations)

5. Legal Staff and Medical Staff: $250 - $400 per hour

6. Independent Medical Evaluation: Actual Charges

7. Mileage Charges: Will correspond to the current IRS rates

8. Printing Charges: $0.20 per page, as appropriate

9. Mailing Charges: Actual charges
Exhibit 1

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Service Provider’s indemnification of City, and prior to commencement of Work, Service Provider shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Sub-consultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance:

Service Provider shall maintain limits no less than:
• $2,000,000 General Liability (including operations, products, and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage should be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
• Workers’ Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Service Providershall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. ▪ $1,000,000 Medical Malpractice per claim and in the aggregate. Service Provider shall maintain medical malpractice insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Service Provider agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Service Provider’s bid.

Maintenance of Coverage
Service Provider shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Service Provider, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Service Provider shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation Exhibit 1
endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Service Provider.

Notice of Cancellation
Service Provider agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

Exhibit 1
Timely Notice of Claims
Service Provider shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Service Provider’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Service Provider shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

Exhibit 1

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) RECOMMENDATION:

Council to decide to adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days SUMMARY:

On January 19, 2022, the Council elected to return to remote meetings as permitted under AB 361. Approval of the resolution allows for the remote meeting procedures that the City had been using throughout the COVID-19 pandemic, subject to certain requirements that must be considered as part of the determination (by resolution) to adopt remote meeting protocols.

DISCUSSION:

The City may meet via remote teleconferencing if it adopts a resolution, that makes specific findings in support of conducting remote meetings. The City may extend the authorization in additional 30 day increments for the duration of the declared emergency, or until the Council decides to return to in-person meetings, or otherwise continues to comply with the regular remote meeting requirements of the Brown Act.

Table 1 identifies the differences between standard Brown Act remote teleconferencing and AB 361 teleconferencing. It is noted the City must still provide advance notice of public meetings and must continue to post meeting agendas consistent with the provisions of the Brown Act.

Council Meeting of: November 16, 2022
Agenda Number: __________________ B-5
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
If the legislative body of a local agency elects
to use teleconferencing, it shall post agendas
at all teleconference locations and conduct
teleconference meetings in a manner that
protects the statutory and constitutional
rights of the parties or the public appearing
before the legislative body of a local agency.
 Agendas not required to be posted at all
teleconference locations.
 Meeting must still be conducted in a
manner that protects the statutory and
constitutional rights of the parties or the
public appearing before the legislative
body of a local agency.

If the legislative body of a local agency elects
to use teleconferencing, each teleconference
location shall be identified in the notice and
agenda of the meeting or proceeding, and
each teleconference location shall be
accessible to the public.
 Agendas are not required to identify each
teleconference location in the meeting
notice/agenda.
 Local agencies are not required to make
each teleconference location accessible
to the public.

If the legislative body of a local agency elects
to use teleconferencing during the
teleconferenced meeting, at least a quorum
of the members of the legislative body shall
participate from locations within the
boundaries of the territory over which the
local agency exercises jurisdiction.
 No requirement to have a quorum of
board members participate from within
the territorial bounds of the local
agency’s jurisdiction.

If the legislative body of a local agency elects
to use teleconferencing, the agenda shall
provide an opportunity for members of the
public to address the legislative body directly
at each teleconference location.
 In each instance in which notice of the
time of the teleconferenced meeting is
given or the agenda for the meeting is
posted, the legislative body shall also give
notice of the manner by which members
of the public may access the meeting and
offer public comment.
 The agenda shall identify and include an
opportunity for all persons to attend via a
call-in option or an internet-based service
option.
 The legislative body shall allow members
of the public to access the meeting, and
the agenda shall include an opportunity
for members of the public to address the
legislative body directly.
 In the event of a disruption which
prevents the local agency from
broadcasting the meeting to members of
the public using the call-in option or
internet-based service option, or in the
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
event of a disruption within the local
agency’s control which prevents
members of the public from offering
public comments using the call-in option
or internet-based service option, the
legislative body shall take no further
action on items appearing on the meeting
agenda until public access to the meeting
via the call-in option or internet-based
service option is restored.
 Written/remote public comment must be
accepted until the point at which the
public comment period is formally closed;
registration/sign-up to provide/be
recognized to provide public comment
can only be closed when the public
comment period is formally closed.

ATTACHMENTS:

1. Resolution Regarding Remote Teleconference Meetings
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY

COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING
COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361

FOR A PERIOD OF THIRTY DAYS
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that has spread across the globe, with thousands of confirmed cases in California, including the City of Madera; and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency in response to COVID-19 on March 4, 2020; and WHEREAS, the City Council of the City of Madera adopted a proclamation of a local emergency related to the COVID-19 virus on March 16, 2020; and WHEREAS, the City of Madera (“City”) is committed to preserving and fostering public access, transparency, observation, and participation in meetings of the City Council and Boards, Commissions, and Standing Committees (hereafter collectively referred to as “legislative bodies;” and
WHEREAS, all meetings of the City Council and legislative bodies are open and public as required by the Ralph M. Brown Act, Government Code sections 54950 – 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, Government Section 54953 (b) (3) of the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met:

1. Each teleconference location from which a member is participating is noticed on the agenda;

2. Each teleconference location is accessible to the public;

3. Members of the public must be able to address the body at each teleconference location;

4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and

5. During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction; and 54953(e) et seq., allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code section 54953(b)(3), subject to certain conditions; and
WHEREAS, the initial required condition is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act at Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code section 8558; and
WHEREAS, the Governor’s Proclamation of a State of Emergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code Section 54953(e)(3)(A-B) added by AB 361 provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Boards, Commissions, and Standing Committees to meet safely in person; and

2. The State of California and the County of Madera continue to recommend measures to promote social distancing.

WHEREAS, Government Code Section 54953(e) et seq. further requires that state or local officials have imposed or recommended measures to promote social distancing or the legislative body finds that meeting in person would present an imminent risk to the health or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) State and Local officials recommend social distancing measures and (ii) emergency conditions evidenced by COVID-19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths and meeting in person would present imminent risk to health or safety of attendees; and WHEREAS, the City Council affirms that it will allow for observation and participation by Council Members as well as Board, Commission, and Standing Committee Members and the public via Zoom in an effort to protect the constitutional and statutory rights of all attendees; and
WHEREAS, Government Code Section 54953 (e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY RESOLVES AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council finds that the state of emergency conditions related to COVID- 19 as set forth in the Governor’s and City’s Proclamations of Emergency and are ongoing.

Section 3. The City Council further finds that state and county official recommend social distancing conditions causing imminent risk to attendees as described above exist.

Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor and the City in the City and affirms, authorizes, and proclaims the existence of a local emergency throughout the City.

Section 5. The City Council finds that the state of emergency as a result of COVID-19 continues to directly impact the ability of members of the City Council and the members of the City’s Boards, Commissions, and standing committees to meet safely in person and such fact creates an imminent health risk to such members.

Section 6. The City Council hereby authorizes the City Council and all of the Boards, Commissions, and Standing Committees of City to conduct their meetings without compliance with Government Code section 54953(b)(3), and to instead comply with the remote meeting requirements as authorized by Government Code section 54953(e) et seq.

Section 7. The City Manager and City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all City Council meetings, and all Boards, Commissions, and standing committee meetings of the City.

Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) December 2, 2022 or (ii) such time as the City Council adopts a Subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without
compliance with Government Code section 54953(b)(3), but otherwise as permitted by Government Code section 54953(e) et seq.
* * *

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 16, 2022
Agenda Number: ___________
_________________________________
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
2022 Downtown Christmas Light Parade Entry for City Participation RECOMMENDATION:

Approve a Minute Order authorizing the City Manager to execute documents necessary for any City entries in the Downtown Christmas Light Parade scheduled December 1, 2022 SUMMARY:

The Downtown Madera Christmas Light parade is one of Madera’s traditional holiday events. This year’s Christmas Light Parade will be held on Thursday, December 1, 2022. The City Council has historically participated in the event as well as City departments. In previous years, the Mayor and Councilmembers have used fire engines and police vehicles; last year, the City prepared a float pulled by a tractor. This year, it is anticipated that Council will also have the option of participating on a float designed by City staff. In addition, staff is planning a Madera Eats event to coincide with the parade and will distribute glow sticks to children. Thus, the City will play a more significant role in the parade this year than in previous events.

DISCUSSION:

The parade organizers require the following:
 That participants complete a Hold Harmless Agreement with an entry application. o The agreement holds parade organizers harmless should someone become injured while participating.
 Remit a $45 per entry fee, which serves as a fundraiser for the non-profit organization.

City staff will arrange transportation for Councilmembers during the parade.

B-6
It is also noted that on September 21, 2022, Council waived City permit fees and costs for City personnel to assist during the parade. This includes:
 Monitoring alternative traffic patterns to ensure safety  Crowd control
 Returning the event area to appropriate standards of cleanliness FINANCIAL IMPACT:

The parade entry fee of $45 is a budgeted expense. The fee is remitted to the Madera Evening Lions, who partner with the Downtown Business Association to host the parade.

ALTERNATIVES:

The Council may direct staff not to participate in the parade.

ATTACHMENTS:

1. Parade Entry Form and Hold Harmless Agreement
2022 Downtown Madera Christmas Light Parade
Presented by the Madera Downtown Association &
The Madera Evening Lions Service Organization
Organization Name:

Thursday, December 1, 2022

ENTRY FORM
...........................................................................................................

Responsible Person Contact Information
Name: ...............................................................................................

Address/City/Zip:
...........................................................................................................

Phone Number: ................................................................................

Email Address:
...........................................................................................................

Number of Vehicles: ...................................

Type of Vehicle(s):
...........................................................................................................

Number of Participants: .............................

In entering this event, I/we agree to accept and to abide by all the rules and regulations of the event. I/we agree to release the Madera Evening Lions Club, the Madera Downtown Association, the City of Madera, and the State of California and their associates and employees from any and all responsibility for loss, damage and/ or injury to any person or property from my/our participation in this event.

Signature of Authorized Representative*: ..................................... *Signature of Authorized Representative is required for registration & participation on parade night.

Downtown Madera Christmas Light Parade
Hold Harmless Agreement
In submitting this application, the Applicant and its agents and assigns, _________________________________________________________________________ Applicant
agrees to release and hold the, Madera Downtown Association, City of Madera, and the Madera Evening Lions Club, and their directors, members, employees, and other representatives harmless, and to promptly indemnify same from and against any and all claims, actions, damages, liability of every type and nature, including all costs and legal expenses incurred by the Applicant or any other party, by reason of any activity arising under or in connection with the applicant’s participation in the Downtown Madera Christmas Light Parade event, including but not limited to loss of life, personal injury and/or damage to property arising from or out of any occurrence, omission or activity to such participation. In the event the Madera Downtown Association, the City of Madera, and the Madera Evening Lions Club shall be made a party to any litigation commenced by or against the Applicant, then the Applicant shall hold the Madera Downtown Association, the City of Madera, and the Madera Evening Lions Club, harmless and shall pay all costs, expenses and attorney fee’s incurred or paid by them in connection with such litigation. In signing below, I verify that in consideration of your accepting this entry, I intend to be legally bound for myself, my heirs, executors & administrators, waive and release any and all rights I may have against the Madera Downtown Association, the City of Madera, and the Madera Evening Lions Club, and all other associated sponsors, promoters, and agents for any and all injuries suffered by me in conjunction with and/or arising in and out of my traveling to, participation in, and returning from the Candlelight Christmas Parade of Lights event.

By signing this document, the Applicant certifies that they have read, understand and will comply with the Downtown Madera Christmas Light Parade Rules & Regulations. The Applicant further certifies that all members participating in the unit identified in the application have been advised of and are knowledgeable of said rules and regulations and have agreed to comply with them. The Applicant further agrees to hold harmless, the Madera Downtown Association, the City of Madera, and the Madera Evening Lions Club and its designated representatives, volunteers, and sponsors, for all claims, damages and liabilities arising from any injury associated with the parade in any manner.

Signed: ______________________________________________________Date: ___________ THIS HOLD HARMLESS AGREEMENT MUST BE SIGNED.

I agree to the Hold Harmless Agreement.

Name of AUTHORIZED REPRESENTATIVE TO GIVE CONSENT: (PLEASE PRINT):

Signature of AUTHORIZED REPRESENTATIVE TO GIVE CONSENT:
___________________________________________________________ Date: ____________

REPORT TO CITY COUNCIL
Approved by: Council Meeting of November 16, 2022
_________________________________
Agenda Number: ___________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Letters Supporting the Madera Unified School District’s (MUSD) Application for Funding for ASSETs Program and CLC
RECOMMENDATION:

This report is submitted to provide the City Council an informational report on the request by MUSD to the City for letters of support regarding their application for funding for the After School Safety and Enrichment for Teens (ASSETs) Program and Community Learning Centers (CLC) SUMMARY:

Letters of supports were requested by MUSD on October 25, 2022, with the request letters be returned by November 1, 2022. MUSD requested letters of support in their pursuit of:
 Funding to renew after-school and summer programming at various schools; and  Funding to establish a new after-school program at Matilda Torres High School.

DISCUSSION:

MUSD is pursuing funding to renew after-school and summer programming at their established sites under the CLC Grant. The purpose of the CLC program is to support community learning centers that provide academic enrichment opportunities for students who attend high-poverty and low-performing schools.

MUSD is also pursuing funding to establish a new after-school program at Matilda Torres High School under the ASSETs Program. The ASSETs Program aims to support community learning centers for students in grades nine through twelve with academic enrichment opportunities and activities designed to complement students' regular educational program.

B-7
The City works in concert with MUSD to ensure that students have access to quality enrichment programming during critical school after-school hours. Similar to MUSD, the City is committed to the positive human development of its young residents. The positive effect of youth in areas of concentrated poverty, such as Madera, is made more challenging. Poverty has an unquestioned and unfortunate link to poor health, underperformance in the classroom, and a subsequently reduced likelihood of future success, making school after-school programming all the more important.

FINANCIAL IMPACT:

MUSD is not requesting funding from the City; instead, it is simply a letter expressing the City’s support for MUSD’s pursuit for funding with the ASSETs and CLC applications.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

1. Support Letter for ASSETs Program

2. Support Letter for CLC
ATTACHMENT 1:

Support Letter for ASSETs Program

10/27/2022
Madera Unified School District
Attention: Mr. Todd Lile
1902 Howard Road
Madera, CA 93637
Dear Mr. Lile,
Please accept this letter in support for Madera Unified School District's (MUSD) pursuit of funding to establish a new after school program at Torres High. The City of Madera's Parks & Community Services (PCS) Department works in concert with MUSD to ensure that students have access to quality enrichment programming during the critical after school hours. Like MUSD, Madera's PCS is committed to the positive human development of its young residents. Positive development of youth in areas of concentrated poverty, such as Madera, is made more challenging.

Poverty has an unquestioned and unfortunate link to poor health, underperformance in the classroom and a subsequent reduced likelihood of future successes making after school programming all the more important. The City of Madera's PCS Department is well-suited to support after school programs for all K-12 students. Our team has more than 60 cumulative years of experience in design, implementation and administration of successful programs targeting underserved youth at every grade level. ln ongoing partnership with MUSD, the PCS Department will continue to deliver science education activities during select program days. We will also provide staff and resources to lead a variety of academic achievement, fitness, recreation, and enrichment activities.

Please contact me at [email protected] if additional information is needed. We are pleased to continue and expand our partnership with MUSD so that we can further our collective efforts to narrow achievement gaps, strengthen youth in poverty, and provide safe and structured enrichment activities.

Sincerely,
Arnoldo Rodriguez, City Manager
City of Madera
ATTACHMENT 2:

Support Letter for CLC
10/27/2022
Madera Unified School District
Attention: Mr. Todd Lile
1902 Howard Road
Madera, CA 93637
Dear Mr. Lile,
Please accept this letter in support for Madera Unified School District's (MUSD) pursuit of funding to renew after school and summer programing. The City ofMadera's Parks & Community Services (PCS) Department works in concert with MUSD to ensure that students have access to quality enrichment programming during the critical after school hours. Like MUSD, Madera's PCS is committed to the positive human development of its young residents. Positive development of youth in areas of concentrated poverty, such as Madera, is made more challenging.

Poverty has an unquestioned and unfortunate link to poor health, underperformance in the classroom and a subsequent reduced likelihood of future successes making after school programming all the more important. The City ofMadera's PCS Department is well-suited to support after school programs for all K-12 students. Our team has more than 60 cumulative years of experience in design, implementation and administration of successful programs targeting underserved youth at every grade level. ln ongoing partnership with MUSD, the PCS Department will continue to deliver science education activities during select program days. We will also provide staff and resources to lead a variety of academic achievement, fitness, recreation, and enrichment activities.

Sincerely,
t:~~ City of Madera gu~~~

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Adoption of Updated Conflict of Interest Code for the City of Madera RECOMMENDATION:

Adopt a resolution adopting the Conflict of Interest Code for the City of Madera and rescinding Resolution No. 20-124
SUMMARY:

The City is required to review its Conflict of Interest Code biennially to ensure compliance with the Political Reform Act (‘Act’) under Government Code Section 87300. The proposed Conflict of Interest Code (Exhibit A to the resolution) identifies officials, employees, committees, commissions, and consultants who are required to file a Statement of Economic Interest Form 700 upon assuming office, annually thereafter, and upon leaving office. Designated individuals must recuse themselves when conflicts of interest occur.

DISCUSSION:

Pursuant to the Political Reform Act, the City is required to conduct a biennial review of its Conflict of Interest Code to determine if changes are necessary to the designated positions and the respective disclosure categories. The designated positions include those who make or participate in the making of governmental decisions that could affect their personal economic interests. The Conflict of Interest Code was last amended on September 2, 2020 by Resolution No. 20-124. Since then, there have been changes in City positions.

The proposed code clarifies the requirements for official required to file the FPPC form 700 as 87200 Filers and the requirements for designated officials under this proposed code. Table 1 reflects the positions added or removed.

Council Meeting of: November 16, 2022
Agenda Number: ______ B-8
FINANCIAL IMPACT:

There is no financial impact, sans the preparation of this report considering that there are no costs to the City to file required documents with the Fair Political Practices Commission.

ALTERNATIVES:

The Council may choose to not adopt the Conflict of Interest, however if not approved the City would be out of compliance with the requirement of The Political Reform Act.

ATTACHMENTS:

1. Resolution
Exhibit A: City of Madera Conflict of Interest Code
Appendix A: Designated Positions
Appendix B Disclosure Categories
Appendix C: 2 California Code of Regulations Section 18730 Table 1: Updated positions
Department Add
Community
Development Director of Community Development
Engineering
Senior Civil Engineer
Part-Time Special Transportation Projects Coordinator – Licensed Part Time Project Development Coordinator
RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA ADOPTING THE CONFLICT OF INTEREST CODE FOR THE CITY OF MADERA AND RESCINDING RESOLUTION NO. 20-124
WHEREAS, the Political Reform Act (“Act”) per Government Code Sections 87100, et. seq. requires every state and local government agency to adopt and promulgate a conflict of interest code and to conduct a biennial review of the conflict of interest code; and WHEREAS, a local agency’s conflict of interest code must reflect the current structure of the organization and properly identify officials who should be filing Statements of Economic Interests (Form 700s); and
WHEREAS, a conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Form 700s; and WHEREAS, a conflict of interest code provides transparency in local government as required by the Political Reform Act; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation (2 California Code of Regulations Section 18730 ) which contains the terms of the FPPC’s standard conflict of interest code which may be incorporated by reference in an agency’s code and which may be amended by the FPPC from time to time to conform to amendments in the Act; and
WHEREAS, the City Council has determined that it should update the Conflict of Interest Code for the City of Madera because of changed circumstance including new positions that must be designated in the Conflict of Interest Code and the deletion of others; and WHEREAS, the City Council desiresto repeal the City of Madera's Conflict of Interest Code and adopt a new Conflict of Interest Code incorporating new provisions of Government Code Section 87300 et. seq. and to account for the changed circumstances described above.

NOW, THEREFORE, the City Council of the City of Madera hereby finds, orders, and resolves:

1. The above recitals are true and correct and incorporated by reference.

2. The Conflict of Interest Code of the City of Madera attached as Exhibit A is hereby adopted and made a part of this resolution. The Conflict of Interest Code expressly provides that the standard conflict of interest code under 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are incorporated by reference.

3. Resolution No. 20-124 and any other resolutions in conflict with this resolution are rescinded.

4. This resolution is effective immediately upon adoption. * * * * *

EXHIBIT A

CONFLICT OF INTEREST CODE OF THE CITY OF MADERA
A. Purpose and Intent.

The City Council hereby intends to implement Government Code Sections 87300 through 87313 pertaining to conflict of interest codes for local agencies.

B. Conflict of Interest Code.

The Political Reform Act (Government Code Sections 81000 et.seq.) requires state and local government agencies to adopt and promulgate a conflict of interest code. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regs. Section 18730) that contains the terms of a standard conflict of interest codes that may be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the FPPC to conform to amendments of the Political Reform Act.

This is the Conflict of Interest Code of the City of Madera. It consists of Sections A through G and of the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference.

C. Public Officials Designated by Statute (87200 Filers).

The positions listed below are public officials designated by statute and are required to file with the Fair Political Practices Commission (FPPC) a Statement of Economic Interests pursuant to Government Code Section 87200.
 Mayor
 City Council
 City Manager
 City Attorney
 City Treasurer
 Planning Commissioners
Notwithstanding this, for convenience the City of Madera is also listing these official in Appendix A for transparency and clarification.

D. Designated Positions and Disclosure Categories.

Persons holding positions listed as designated positions under this Section D shall file with the City Clerk a Statement of Economic Interests Form 700 upon assuming office, annually thereafter, and upon leaving office. Statement of Economic Interests Form 700 area public record and available for public inspection and reproduction. (Gov. Code Section 81008) The City Clerk is the Filing Officer. The designated positions are set forth in Appendix A. The Disclosure Categories are set forth in Appendix B.

E. Prior Conflicts of Interest Superseded.

The provisions of all Conflict of Interest Codes and amendments thereto previously adopted by the City are hereby superseded and have no further force and effect.

F. Effective Date.

This Conflict of Interest Coded is deemed effective on _____________.

G. Appendices.

The following appendices are attached hereto and incorporated by reference and deemed a part of this Conflict of Interest Code.

1. Appendix A: Designated Positions

2. Appendix B: Disclosure Categories

3. Appendix C: 2 California Code of Regulations Section 18730 It is noted Appendix C is the current version of the regulation as described in Section B above.

As stated, the FPPC may from time to time amend Section 18730 and for that reason, the FPPC website should be reviewed by persons in designated positions.

APPENDIX A TO CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS AND 87200 FILERS
87200 Filers Disclosure
Categories
Mayor I, II, III
City Councilmembers I, II, III
City Attorney I, II, III
City Manager I, II, III
City Treasurer I, II, III
Planning Commissioners I, II, III
Designated Positions Disclosure
Category

ADMINISTRATION
Administrative Analyst III

BUILDING
Chief Building Official I
Plans Examiner III

CITY CLERK
City Clerk I
Deputy City Clerk I

COMMUNITY DEVELOPMENT
Director of Community Development I

ENGINEERING
City Engineer I
Administrative Analyst III
Assistant Engineer II
Associate Civil Engineer I
Deputy City Engineer I
Engineering Project Manager I
Engineering Technician III I
Project Development Coordinator - Licensed II
Senior Engineer I
Senior Civil Engineer I
Special Transportation Projects Director I
I
I
I
Part Time Special Transportation Projects
Coordinator - Licensed
II
Project Development Coordinator – Unlicensed II
Part Time Project Development Coordinator –
Unlicensed
I
Part Time Engineering Project Manager I

FINANCE
Director of Financial I
Administrative Analyst III
Services Financial Services Manager I
Utility Billing Supervisor II, III
FIRE
Fire Chief I
Division Chief I
Battalion Chief I
FLEET
Fleet Operations Manager II
GRANTS
Grant Administrator I
Program Manager Grants I

HUMAN RESOURCES
Director of Human Resources I
Administrative Analyst III

INFORMATION SERVICES
Information Services Manager I
Network Administrator II
Computer Technician II
Tyler Munis Implementation Project Manager I

PARKS AND COMMUNITY SERVICES
Director of Parks and Community Services I
Part Time Administrative Analyst III
Parks Supervisor II, III
Recreation and Community Programs Manager I
Recreation and Community Programs Supervisor I

PLANNING
Assistant Planner III
Associate Planner III
Planning Manager I
Senior Planner I
POLICE
Chief of Police I
Police Auxiliary Services Supervisor II, III
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Police Commander I
Police Lieutenant II, III
Police Office Supervisor II, III
Police Sergeant III

PUBLIC WORKS
Administrative Analyst III
Electrical and Facilities Operations Manager II, III
Public Works Operations Director I
Streets and Storm Drainage Operations Manager II, III
Streets and Storm Drainage Operations Supervisor II, III Wastewater Collection System Supervisor II, III
Wastewater Treatment Plant Manager II, III
Water and Sewer Operations Manager II, III
Water System Supervisor II, III

PURCHASING
Procurement Services Manager I

BOARDS AND COMMISSIONS
Civil Service Commission I
Madera Public Financing Authority Board I
City Council as the Successor Agency
to the Former Madera Redevelopment Agency
I
City Council as the Successor Housing Agency I

CONSULTANTS
Consultants I
I
I
I
I
I
I

APPENDIX B TO CONFLICT OF INTEREST CODE

DISCLOSURE CATEGORIES
I. All investments, business positions, and sources of income located in or doing business in the City of Madera, including gifts, loans and travel payments; and all interests in real property located in the City of Madera including property located within a two-mile radius ofthe City of Madera or any property owned or used by the City of Madera.

Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category (Category I) in the Conflict of Interest Code subject to the following limitation.

The City Administrator or his/her designee may determine in writing that a particular consultant, although a "designated position" is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator's or his/her designee's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

II. All investments, business positions in, and sources of income located in or doing business in the City of Madera, including gifts, loans and travel payments, of the type which provide goods, services, supplies, materials, vehicles, machinery or equipment of the type utilized by the City of Madera.

III. All investments, business positions in, and sources of income located in or doing business in the City of Madera, including gifts, loans and travel payments, which are subject to the regulatory, permit or licensing authority of, or have an application for a license or permit pending before, the City of Madera.

APPENDIX C
2 California Code of Regulations Section 18730
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest; 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 16, 2022
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing Regarding Annexation No. 13 (Tract S1-S-02 & S1-S-03/TSM 2020-04 Vineyard Estates Subdivision) into Community Facilities District No. 2005-1 (Public Services) Under the Mello Roos Community Facilities Act of 1982 and Related Actions.

RECOMMENDATION:

That Council consider the following:

1. Hold the Public Hearing.

2. Adopt a Resolution Authorizing Annexation (Annexation No. 13) of Territory to Community Facilities (CFD) District No. 2005-1; Authorizing the Levy of a Special Tax; and Submitting the Levy of Tax to the Qualified Electors.

3. Conduct the Election of the Qualified Electors of Annexation No. 13.

4. Adopt a Resolution Making Certain Findings, Declaring and Certifying the Results of an Election, and Adding the Territory Identified as Annexation No. 13 to CFD 2005-1 (Public Services), Annexation No. 13.

SUMMARY:

At the City Council’s September 21, 2022, meeting, the Council approved a resolution adopting a boundary map depicting the territory proposed for annexation, and approved a resolution declaring the City’s intention to annex the proposed territory into CFD 2005-1. At the regularly scheduled meeting on November 16, 2022, the Council has two resolutions to consider. The first resolution sets forth the Council’s approval to annex territory to CFD 2005-1 and to levy a special tax. This first resolution identified November 2, 2022, as the date for the annexation election, C-1
and includes reference to the annexation map showing the parcels to be annexed. Election can occur at any scheduled Council meeting within 60 days of the prior (first) resolution (an election held on November 16, 2022, will fall within the 60 day allowance). The second resolution is for adoption by the Council after the results of the election are announced by the City Clerk. This second resolution also directs the filing of the Notice of Special Tax Lien against the annexed property to provide authority for City to collect the special tax.

DISCUSSION:

On November 16, 2005, by Resolution No. 05-334, the City Council established CFD 2005-1, a Mello Roos Community Facilities District with the intention that future development within the City would annex into this district. The special taxes collected from the property owners within the district are used for the funding of police and fire protection services, storm drain infrastructure maintenance and operations, and park maintenance. Property owner assessments are paid as a component of the property tax collection process. As was originally envisioned with the establishment of the CFD, future residential projects not included in the initial formation process are required to go through an annexation process in order to be included in CFD 2005-1. Projects may be annexed one at a time, or in a group if they are ready at the same time.

The Vineyard Estates (Tract S1-S-02 & S1-S-03/TSM 2020-04) Subdivision is prepared to proceed with the annexation process into CFD 2005-1. The project includes the development of 135 single-family residential units and two (2) landscape lots located on 30.45 acres of land. Only residential properties are assessed within CFD 2005-1, and therefore the two (2) landscape lots will not be subject to the special tax. The boundaries of the Project consist of the area within the original assessor’s parcel number (APN) 006-450-011 as depicted on Attachment 3.

Table 1: Project Overview
Project Name Owner Units Location
Vineyard Estates Subdivision, Tract
S1-S-02 & S1-S-03/TSM 2020-04
DMP Development Corp.
(Sole Landowner) 135 Sunset Avenue
As with all residential subdivisions, conditions of approval for the subdivision require annexation into CFD 2005-1 prior to recordation of the final subdivision map. This will comprise the 13th annexation (Attachment 4).

FINANCIAL IMPACT:

The 2022/23 Fiscal Year CFD 2005-1 assessment for single-family residential development is approximately $524.41 per dwelling unit. Based on this figure, the estimated annual revenue that will be received by the City (Fund 76650) for all 135 units in Annexation No. 13 will be $70,795.40. CFD 2005-1 includes an annual CPI adjustment, therefore this amount will grow over time. The process for annexation is funded by the developer, and no General Fund monies are used for this effort.

ALTERNATIVES:

The City Council adopted Ordinance C.S. 792 on December 7, 2005, authorizing the levy of a Special Tax within CFD 2005-1 commencing in fiscal year 2006-07 and each year thereafter. The Council could, at its discretion, consider alternative methods for funding the necessary services that are demanded by residential development and supported by CFD 2005-1. Amendment of the ordinance would be required.

ATTACHMENTS:

1. Resolution of Annexation and Calling for Election
Exhibit A – Rate and Method of Apportionment
Exhibit B – Ballot

2. Resolution of Results of Election
Exhibit A – Statement of Votes Cast
Exhibit B – Annexation Map
Exhibit C – List of Properties

3. Vineyard Estates, Tract S1-S-02 & S1-S-03/TSM 2020-04 Subdivision Map

4. CFD 2005-1 Map
ATTACHMENT 1
Resolution of Annexation and Calling for Election
Including:

Exhibit A – Rate and Method of Apportionment
Exhibit B – Ballot
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 13) TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES),

AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF TAX

TO THE QUALIFIED ELECTORS
WHEREAS, this City Council (“Council”), on September 21, 2022, adopted Resolution No. 22-157, (hereafter referred to as the “Resolution of Intention”) stating its intention to annex territory to City of Madera Community Facilities District No. 2005-1 (Public Services) (hereafter referred to as “CFD No. 2005-1”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (hereafter referred to as the “Act”); and
WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2005-1, and a description and map of the proposed boundaries of the territory to be annexed known as Vineyard Estates, Tract S1-S-02 & S1-S03/TSM 2020-04 Subdivision (“Annexation No. 13”) to CFD No. 2005-1, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein. Annexation No. 13 will consist of 135 single family residential units and 2 landscape lots located north of Sunset Avenue.; and
WHEREAS, on November 16, 2022, the Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2005-1; and
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2005-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2005-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2005-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 2005-1, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2005-1; and WHEREAS, a boundary map for Annexation No. 13 to CFD No. 2005-1 has been filed with the County Recorder of the County of Madera, which map shows the territory to be annexed in these proceedings, a copy thereof is on file with the City Clerk and the City Council ratifies that filing; and
WHEREAS, a boundary map for Annexation No. 13 to CFD No. 2005-1 is on file with the City Clerk and shall be filed with the County Recorder of the County of Madera, which map shows the territory to be annexed in these proceedings; and
WHEREAS, the City Of Madera Community Facilities District 2005-1 (Public Services) Rate And Method Of Apportionment Of Special Tax is attached as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Madera as follows:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Prior Proceedings. All prior proceedings taken by this Council with respect to CFD No. 2005-1 and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act.

SECTION 3. Boundaries. The description and map of the boundaries of the territory to be annexed to CFD No. 2005-1, on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 2005- 1, and said territory is hereby annexed to CFD No. 2005-1, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

SECTION 4. Services. The services which CFD No. 2005-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2005-1 and the territory to be annexed to CFD No. 2005-1 and will not be replacing services already available. A general description of the services to be financed is as follows:

Police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor as provided in the Rate and Method of Apportionment of the Special Taxes. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. The Special Tax provides only partial funding for police and fire services.

Park Maintenance of the City of Madera, including but not limited to, labor, material, administration, personnel, equipment, and utilities necessary to maintain park improvements within the District, including recreational facilities, trees, plant material, sod, irrigation systems, sidewalks, drainage facilities, weed control and other abatements, public restrooms, signs, monuments, and associated appurtenant facilities located within the District.

Storm drainage system maintenance and operations of the City of Madera, including but not limited to, labor, material, administration, personnel, equipment, and utilities necessary to maintain and operate the storm drainage system within the District.

SECTION 5. Special Taxes. It is the intention of this City Council that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2005-1 and the territory proposed to be annexed as part of Annexation No. 13, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 13, will be levied annually within the boundaries of Annexation No. 13 from and after the annexation of such property to CFD No. 2005-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2005-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 2005-1.

For particulars as to the rate and method of apportionment of the proposed special tax (the “RMA”), reference is made to the attached and incorporated Exhibit “A,” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation No. 13 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.

SECTION 6. No Majority Protest. Written protests against the annexation of the territory in Annexation No. 13 to CFD No. 2005-1 have not been received by the Council. The proposed special tax to be levied within Annexation No. 13 has not been precluded by majority protest.

SECTION 7. Election. The provisions of the Resolution of Intention of the City each as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein.
(a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 13 shall be submitted to the voters within Annexation No. 13 at a special election called therefor as hereinafter provided.

This Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No. 13 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 13 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in Annexation No. 13.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot or hand-delivered ballot under applicable sections of the California Elections Code commencing with Section 4000 with respect to elections conducted by mail.. The Council hereby calls a special election to consider the measure described and incorporated in the form of ballot as Exhibit “B,” which election will be conducted on November 16, 2022 (hereafter referred to as “Election Day”). The City Clerk shall act as the election official to conduct the election and shall have provided each landowner in the territory to be annexed to CFD No. 2005-1, a ballot in the form of Exhibit “B”, which form is hereby approved.

The City Clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery. (c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly. The Council also finds that any applicable notices of hearing or election have been waived by the sole landowner of the area to be annexed.
(d) The Council hereby calls and schedules an election for November 16, 2022, at 6 p.m. on the measure of the annual levy of special taxes on taxable property within Annexation No. 13 to CFD No. 2005-1 to finance public services within CFD No. 2005-1, including Annexation No. 13 to CFD No. 2005-1. (e ) The measure to be submitted to the voters of Annexation No. 13 at such special election shall be as follows:

The measure to be submitted to the voters of Annexation No. 13 at such special election shall be as follows:

Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on September 21, 2022.

Section 8. Election Procedures. The procedures to be followed in conducting the election shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, a return identification envelope addressed to the City Clerk for the return of voted official ballots.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landownervoter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted on the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within Annexation No. 13 to CFD No. 2005-

1. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote on the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on the 16th day of November 2022; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

SECTION 9. Certification. The City Clerk shall certify to the adoption of this resolution.

SECTION 10. Effective Date. This resolution is effective immediately.

EXHIBIT A TO RESOLUTION OF ANNEXATION

CITY OF MADERA
COMMUNITY FACILITIES DISTRICT 2005-1 (PUBLIC SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax of Community Facilities District No. 2005-1 of the City of Madera (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Titles of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, c) park maintenance, d) storm drainage system operation and maintenance and other services as defined herein including but not limited to ambulance and paramedic services.
“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City.
“Annual Escalation Factor” means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or three percent (3%).

The annual CPI used shall be for the area of San Francisco- Oakland-San Jose, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained t1rou the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index. “Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year ending June 30, 2007.
“City” means the City of Madera.
“Council” means the City Council of the City of Madera, acting as the legislative body of the District. “County” means the County of Madera, California. ”Developed Multi-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units. ”Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2005, and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
”Developed Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“District Administrator” means an official of the City, or designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“District” means Community Facilities District No. 2005-1 of the City of Madera. “Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May Pt preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.
“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel. “Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence. “Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or subassociation. ”Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rightsof-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
“Service Costs” means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, (iv) City overhead costs associated with providing such services within the District, (v) park maintenance, and (vi) storm drainage system operation and maintenance. On each July 1 following the Base Year, the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial finding for police services, fire suppression and protection services, park maintenance, and storm drainage system operation and maintenance.
”Special Tax” meansthe Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to find the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.
”Special Tax Requirement” means that amount required in any Fiscal Year for the District to:
(i) pay for Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
“State” means the State of California.
”Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.
”Tax Exempt Property” means an Assessor’s Parcel not subject to the Special Tax. TaxExempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property.
”Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. DEVELOPED PROPERTY
TABLE 1

MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-1
Land Use Class Description Maximum Special
Tax Per Unit1
1 Developed Single-Family Residence $311 per unit
2 Developed Multi-Family Residence $285 per unit
1 Maximum Special Tax includes Administrative Expenses

2. ENTITLED PROPERTY
TABLE 2

MAXIMUM SPECIAL TAX FOR ENTITLED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-1
Land Use Class Description Maximum Special Tax
Per Unit1
3 Entitled Property $166 per lot
1 Maximum Special Tax includes Administrative Expenses
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 and Table 2 shall be increased in accordance with the Annual Escalation Factor.

3. UNDEVELOPED PROPERTY
No Special Tax shall be levied on Undeveloped Property.

4. TAX-EXEMPT PROPERTY
No Special Tax shall be levied on Tax-Exempt Property.

5. MULTIPLE LAND USE CLASSES
In some instances, an Assessor’s Parcel may contain more than one Land Use Class.

The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENTOF SPECIAL TAXES
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitionsin Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi- Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property.

E. APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.

F. EXEMPTIONS
No Special Tax shall be levied on Non-Residential Property, Undeveloped Property, Property Owner Association Property or Public Property.

G. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

H. TERM OF SPECIAL TAX
After the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.

EXHIBIT B TO RESOLUTION OF ANNEXATION
City of Madera
Community Facilities District No. 2005-1, (Public Services), Annexation No. 13

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Madera no later than 6:00 o’clock p.m. on Wednesday, November 16, 2022, either by mail or in person. The City Clerk’s office is located at City Hall, 205 W. Fourth Street, Madera, California 93637.

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Madera and obtain another.

BALLOT MEASURE: Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on September 21, 2022?
YES:

NO:

By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed: 30.450
Number of Votes: 31
Property Owner: DMP Development Corporation Inc
2001 Howard Road # 211
Madera. CA 93637
Property Owner/Authorized Representative Signature: ________________________ □
□

BALLOT MARKS
Appropriate ballot markings include any one of the following for either the YES/Approved or NO/Not Approved blank box:
(g
[g]
A check mark substantially inside a box;
An X mark substantially inside a box;
A dot or oval mark substantially inside a box;
A completely shaded or filled mark substantially
inside a box;
A line, single or dashed, or combination of lines,
through the box area. Lines may be any one of the
following marks: horizontal, vertical, or diagonal.

The mark may either run from side to side or corner
to corner. All valid lines must be substantially
within the box area and not marking any part of
another blank box on the ballot;
A circle around the box and/or associated
clause; or
A square or rectangle around the box and/or
associated clause.

Balloting marl<s shall not extend past one box area into any portion of another nor surround the perimeter or any portion of more than one box area. Marl<ings that extend past one box area into any portion of another or surround the perimeter or any portion of more than one box area shall be considered invalid and not counted.

ATTACHMENT 2
Resolution of Results of Election
Including:

Exhibit A – Statement of Votes Cast
Exhibit B – Annexation Map
Exhibit C – List of Properties
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

MAKING CERTAIN FINDINGS, DECLARING AND CERTIFYING THE RESULTS OF A

SPECIAL ELECTION, AND ADDING THE TERRITORY IDENTIFIED AS ANNEXATION NO. 13 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Madera (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Services) (hereafter referred to as “CFD No. 2005-1”); and
WHEREAS, the City Council initiated proceedings to annex certain territory known as Vineyard Estates Tract S1-S-02 & S1-S-03/TSM 2020-04 Subdivision (hereafter referred to as "Annexation No. 13") to Community Facilities District No. 2005-1 (Public Services). Annexation No. 13 will consist of 135 single family residential units and 2 landscape lots located north of Sunset Avenue; and
WHEREAS, the City Council, following a public hearing on the annexation and special taxes, adopted a resolution calling an election and duly held an election in the area of Annexation No. 13 on November 16, 2022; and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 13 has been received from the property owner or owners of such territory; and WHEREAS, twelve (12) or more registered voters have not resided within the territory of Annexation No. 13 for each of the ninety (90) days preceding November 16, 2022, therefore, pursuant to the Act the qualified electors of Annexation No. 13 shall be the "landowners" of Annexation No. 13 as such term is defined in Government Code Section 53317(f), and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexation No. 13; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 13 to the qualified electors of Annexation No. 13 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 13; and WHEREAS, the City Clerk of the City of Madera has caused ballots to be distributed to the qualified electors of Annexation No. 13, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon did receive the favorable 2/3’s vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 13 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Madera Community Facilities District No. 2005-1 (Public Services), Annexation No. 13 as follows:

SECTION 1. The above recitals are all true and correct and incorporated herein.

SECTION 2. This City Council does hereby find and determine as follows:
(a) The canvass of the votes cast in the Property to be annexed to the District at the special election held in the territory of Annexation No. 13 on November 16, 2022, as shown in the Certificate of Election Official and Statement of Votes Cast is hereby approved and confirmed. (b) The unanimous consent to the annexation of Annexation No. 13 to CFD No. 2005-1 has been given by all of the owners within Annexation No. 13, and such consent shall be kept on file in the Office of the City Clerk. (c) Twelve (12) or more registered voters have not resided within the territory of Annexation No. 13 for each of the ninety (90) days preceding November 16, 2022, therefore, pursuant to the Act the qualified electors of Annexation No. 13 shall be the "landowners" of such Annexation No. 13 as such term is defined in Government Code Section 53317(f). (d) The qualified electors of Annexation No. 13 have voted in favor of the levy of special taxes within Annexation No. 13 upon its annexation to CFD No. 2005-1.
(e) The City Council is hereby authorized to take the necessary steps to levy the special tax authorized by the Measure in the area of Annexation No. 13.

SECTION 3. The boundaries and parcels of territory within Annexation No. 13 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council.

SECTION 4. The City Council does hereby determine and declare that the territory in Annexation No. 13 is now added to and becomes a part of CFD No. 2005-1. The City Council, acting as the legislative body of CFD No. 2005-1, is hereby empowered to levy the authorized special tax within Annexation No. 13 and hereby authorizes the levy of a Special Tax at the Rate and Method of Apportionment set forth in Exhibit A to the Resolution Authorizing Annexation, Authorizing levy of Special Tax, and Calling Special Election.

SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as follows:

A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder not later than fifteen (15) days after the date of adoption of this Resolution.

B. An Amendment No. 13 to the Notice of Special Tax Lien shall be recorded in the Office of the County Recorder for Madera County not later than fifteen (15) days after the date of adoption of this Resolution.

SECTION 6. This resolution is effective immediately.

Exhibit A
Certificate of Election Official and Statement of Votes Cast

STATE OF CALIFORNIA )
COUNTY OF MADERA ) ss.

CITY OF MADERA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the

CITY OF MADERA
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
ANNEXATION NO. 13

SPECIAL ELECTION
held in the City of Madera, on November 16, 2022.

I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 13 to Community Facilities District No. 2005-1 (Public Services) of the City of Madera for or against the Measure are full, true and correct.

VOTES CAST: YES________
NO ________
WITNESS my hand this _____ day of _______________, 2022 Exhibit B
Annexation Map

YICINJYMAP
·······
•.•.,
'••
.
-
.
·
., .. t: ·HOO:!_,,:

ANNEXATION MAP NO. 13
COMMUNITY FACILITIES DISTRICT NO. 2005-01
i
Q
C
a
CITY OF MADE.RA

COUNTY OF MADERA

STATE OF CALIFORNIA
0 I I J
Legend
IW+ £1 --~ ~-
_
-
..............
- -....--. OJ ITO
~T7K 1 111
c_·_·_-_.J Qly~
D Nftllalmhn:els
<I) Map Rel!flftOe Number
11n • 2eoree1

MAP REFERENCE

NUMBER ASSESSOR'S PARCEL NUMBER
I 006-450-011

SHEET I OF I
FILED IN TK OFFICE OF TH£ CfTY CLERK THI$ __ _ OA'fOF ___ ,.__

I HEREBY CERTIFY TMAT THE WITHIN MAP IHOWINO
l'fllOPOS[O IOUNDARIH 0, ANNEXATIC.. MAP NO 1J OF
COMMUNITY MCLITIU DllflltlCT NO. 200&-01, CITY o,
IMDUIA, COUN1'Y OF MAO£AA, ITATE 0, CALIF-OftNIA, WA!
N'PRO\l!D av M CITYCOUNc:a. 0, THE CITYOf' MAOERU,T
AAEOUI.AR ME!ffiG, THEREOF, HELO ON THE __ _
OA'f OF - 20_ BY IT'& RESOlUTIOH HO.

CITYCl!II< CITYOFWAOl!:IU
FILED n«s _____ DAY OF ____ _
20,,...ATTHE HOUROF ___ 012DCK ___ ,M IN
100K ___ PMiEII) ___ 01' MAP$ 01'
AiiUiMf.NT ANO COMMI.NTY FAOIJTIH DliTRICT Nm
NIT AUMENT HO ===== If Tl4I OFFICE Of THI
COUNTY IUCORDE.R IN M COUNTY Of WAO(AA, ITATIE Of C.AllfONU.

COUNTY RECORDER
COUNlY Of MADERA
ITAJt OF CALIFORNIA
M:HJl!ENCE II lrAADE tO THAT IOUIIDARY OF coeaumv
1ACILITWI DIITIIUCT HO. 200'-0I 0, tHE CffY OF MADl:ltA RECORDED WITH THE MAD£RA cat.M'Y RECORDER'S OFFICE
ON OCTOBER 7, 20Ce, IN 8001( • OF MAPS OF ASSE!SMEKT
AND OOMMUNrTY FACILITIES DISlRlC1' ON MGES •2
THROUGH•,) THE LINH NI) DIMfNSION-S OF EAQt LOT Oft MRC(l IHOWH OH THII DIAGRAM I HAll Iii lM06&: llNU ANO mEN110NI Al IHO'WN ON THI MADCRA COUNTY
AS!E5901t9 MAI'S ,0111 tMOSE l'AACCLIUSTED.

THE MADERA OOUHTY AS5HSOft'S MAP SHAU GOVlRN FOR
ALL DEt.t.l. OONCERNWG 1'HE LNES AND DNENSl~S OF
$UCHLOTS OR PARCELS,
W w1LLDAN
Exhibit C
List of Assessor Parcel Numbers and Landowners
APN Landowner
006-450-011-000 DMP Development Corp.

ATTACHMENT 3
Vineyard Estates, Tract S1-S-02 & S1-S-03/TSM 2020-04
Subdivision Map
f
l
i
;
,,.
--- S££ SHCEI 4 ---
5/ 'r·· . _~ i"-..."'l' /;1.
4'
42 SI.IIDl'MOM NO. rr,-o,. 'ffi[Y'Nt:0 W£ST ~A!il[ Ill IIIEC Dtl> N 900IC ~I , OS l-11•. M.C.lt.

I
I
I
·~-
-
ci~~
Z~-:,::-.;' 0::
... ,
"
.. "
m
.. .. "
" "' o, ~· m1
m,
-
.,'" ,
-nr ro~ .Ji_ c:::::d.z..-
o,
"'
REM>INDER PARCEL '"
=:·mr.w
LIIL ....... ,.,_,..IIM,
••no-1n,..o•l. ,mJIIDlilOlf.lllDITISl/r
:u,~u;=' "'
-~ a IOI."
n ii ~:-
?lt.#'"'4lll"t:(J1..t.Nf(W,~ - --- 11':i, -
-----=-=--=-=--=-::.. ~~UE_ ~ - -
_.:::;_ .

SW
0 8
_
w
a:---
11 I
N<lllll<
K/U; 1·. o::/
---~ 4(/
-,1 . .-
"
,.a.·" .,·
.. ,,
....

I U I'
.. "" ,,
......
...,
,,..,
,a.,,.
......
.. .,.
.,,..
..... ..... .....
..,,
.,_.,.
-
...

SUBDIVISION NO. ZI -S- OZ
VINEYARD ESTATES PHASE flf-A
(A
PLANNfD UNIT D£VfLOPM£NT)

IN THE CITY OF MADERA,

MADERA COUNTY, CALIFORNIA
i1tl Harbrs:'~T:r~':tfo~al, Inc. Ill.I - Sum,-. - n..tn l!el£ ... -. 111111t,.., ,._a,ma1• MllaJ • •NII 1111/t#J,.,,,,_ H!T Dlftt[ N' [OIi!
Cw,otldil1 ,..,, .. _, ..
-... .... ... , ,.,. ..... ... .... ... , .......
...... rwu· t.t . .r '" ,..,,. ..... M'61'-W IOIJI' " _.,, t,1Uf ,.,.,,. 1M1 "' .... ,,uw ,.,...,. ,.,.. .. .. , ... ..... Nfu• "" "' .,,~ "'"' ....... • ,.w " ,.,,.,....., ..... r-.r•r ... ,, , .. w.w m.o, NlJ" .... .. lillf'tnr•
..... ... ,., .... "' , ..... ..... 10'X' ... ••1.21' e ..... "'"""' ·-!U f "' ""' ..,,., "'"' rur " ..... ,... ...... ,., ... .,.,. '" !I0.16' ..... n,6'11" l l)'a.07' " ....,,,,, ...... ,_. "'" '" ,,. ... """ 11'11.k' ,w,• .. ....,,,,.. """' ·-· ,..,. "' 11:Ul' .,..., u:ucr .. 11..,tu .. ...... "'"' ... , '" DI.W .... ....,., "'" ... ,tJffl/'1/'rt ..... ..,,.,. . ... ,. "' ,,..,. ..... WM'O!" IOIJY ., ........... ..... .... ff. , ... "' .. ,.. "'"' .... ., .. ... "' "'""' .....

M..,,.- ... ,.. "' "'" "'"' U"llll' ,~,,. m1 "'""' ..... •t'Jt'2J" ... "' . ... "'"' ....... ..... -IIO°tO'Oo'I
..... ..... 11· 41 ,M' "' IU1' )}IOI)' 11v..- , .. , mo -
..
..... N' .. •~• ..... ..... '" ..... .. ., ..... q)'n' ..... •J~CO' IT4t44' ..... •II.OD' .. .,. •J~CO' 9 .. ,.,. • .,., LEGEND
fl itt~OOfM'.ll~f(Mjf#OOMl((PUAltl(lfllr;
• -...0-1 ,~A!~
--
, ... ... , .......
... 116"6-0... ... "' -""
... ""'
"' ""'"' "' "''"" '" .. , ........ ,n N:ll'•l'Ol"l
"' ........ ... Nl~11'l:t't "' 1m,•~-. . .. "'""' "' _,,... ... "'"''" "' 11rtonr. ( J Oo\lA l'(Jt; PtMO. u# 110. ot+OJ. KOC!aD IN 10C1t 6> " ""' •t P,1,CQ 11& #0 tit. wU. (( )) ~".:!'us::'::r"IIO,O)-r"ll,, """1"'1)'1$T~ll,JltWICtllllllOQI!~~~ ( J ~l•PJl.,._IIQ.O)-S-0,,~NIO"IST"""ail,MWIXDIMtoOl(,t('K-S, ICStl>-114-U.tJI •
6 MNCUSL't owe.um'°'~ s111tc11101 occ "'°'
~ ,. o.1u,.c
111.C.l. l,l«V,IXUm'-
OA'M.C. (ffl(.W..l(C:CIMillw«bCOIMY
£ 10'~Ytl(l)iiCAmlRlfl~ t1flf!fWll"11YIVlfOIONJtooea.otf llf(Oll(O IIC'" ffl9TIIY f9£'!!fP ffl9!'i PFE2R "f PHYW 5'I f'\/1:S f'Y'f9iP & ~liOWorqm>rQll~na!R:11~$1llllll NICIIIVl't~R:ll~UX.

M. _,..ffltllmnll~ICNnll"--&ICll1l11'V l.lJDGll~nllll>AJOIISf. ~- -
• I
' f u q ~~ ~ fi p it ,; ! <
n d d ,. Iii i ;; t r f :
! - :
l •
1 1 ! ~ ; ; ; s . -; ! • ~ • so: • • t f ( I
• I B B u >~ e • u ~i~ ! a : i ~ t:: ~ I 1,
Cl> ~ n I. t ~ ;: . f i 0"1Ji'.::- - ]
i!! I !
- L .. ~ i I I d
l tl)'2:<z i I ! Cl) t..,j a:: Ck'. • • • • • • • • • • ! < • ii i ! i i i l ~ ~we ~ C\)Q.;..J ~ ~
',1 n ~ i '
~ )~ k ~ B ~' ~ ~ ~ ~ :c La = ! • § ~' -¼'!i!"'u ~ ~ B B . ' ~ ~ j; ~ . ~ ~ .J ~i::~~>-' r i ; ~ i J; n ~ ~ h~ ~ I i i i ll ; I :-,:... >- ,t,; L -. L,.J ~~;E~ ~ : i i ; §
- j lh ! j 11 n kk k k n H ;n 0
~~ I I I i! i > ::::;oo u f g
~ e WU 1 it n H ~' ~ ~ ~ ~ l ~
~ i t f ! i ! f i
::,;~., i!: ~ h ! ~ • ! g ~ a ~ ~ ~
i
1i itii ! ! <:i ~ ei i ii I t §~~~~ <El au a ~ 5 5 • a 5 5 a;; 33 I 1 1 f !Ii ' I I,') ... :,; J ~ '~ ~a ~ a = ~ ll ~ n n -~ = l ~ ~ S:'-'- < ~ • • tl l·*·i . •• • • f = •• 0 pt :1! •i I ! i ' .. ~
-B B h ;'! ~ ..
~' u 11 1 i 'k z 1~ t~~~i!: f? I I ! i n d t. ~}' L,.J
C> liiti~H i I ! i w
n n H H n n n kk k k in ..,
l • ll ll ll S .. . ,.. ;:t
-~i
n ~ ·- ?:, ~ . ~ . ~ n ◄ ' ~ ~ ;~ --~ 5 ~ ~ -~-<J ~d
i: ~ •• . ~ •• . ~
l • • 3 •• • • • • 8 • Ba • a g. ! • 5 ii
v
... ..,
..,
vi
..,
..,
"'
n ~. i ~ •• ~ ;i n k ~ d ii ~ ~ ~ i n e - n -~ . ~ ~ ; •• • • • a - i •• . ~ ~ ~ i u ! ~ ~ ~ ~ ~ ) k ~ ;t H ~~ H B n u = ~ n ._ ._ w • J 5 h B H H l, i § < • • ! L n u n • 8 H n s s n B n H s s s s ,~ l ! • 1 u St u d HJ j ~ i l !; ~ s. n H H n • 8 • l ~~ g" . n ;
~ ~
• ii ". ~. 1:;;:
••
~-
~ . n j: ~
• a
l • D 0 •• . ~ •• a• • a a a 2 • a;; B ti So 5 5 5 5 5 5 3 5 • ! n ~ t H j i u HE ~ r
• 1 H ii E n Si i nt I. ••
! ;: ; = ;; •• ; . If ; ~ ii
r------ 1
~-----i-~_::-_-:-=~_:=~~--;; ~---;;:;- --~- - -=7 ! - T ____ 7 __ 1 =c - 1 ... ., ,.,.. 1 ~ , r , ·-·-·- - - , : l0'" I r- --- 1 ........ , ,,,._ ... ,,, -- • ~ , 'tlll!inllll)MS '
f---il 1' .. ,. ... .. - ..... I
.. , ..

I r •• '
'"" , ' - j ~ "'"' I ~__Ji! .,,. ..,,. ,! jl11--- I
""' I ' L I ,l ~ ..... """ IiJ """
I ""' "'" 1
1 - ,I I
1 L- ' ,0110: I I I ....
, ""' ..... ' i I , I """' , ' 1' i ,or'°' I
I ""' , -- ""' l r-1'---- .. , "' I l01 ,oe I I
_j_ I ' -, ------"f-----..J.----
IOllt '°' ,.,
"°'"
I.bl II•
I.bl l!I
l.01 llt ..... ,t r---~;--
1 i -----~
i
i
MIIO •-•
~ ·-...........
i
i
."--~ ! ·, I
SEE SHEET 3
r l
·y:_
, "--.. I --~
/~
NORTH $ICAI.C , ... 1111
eo· t0' o ,.,
LEGEND
SUBDIVISION NO. 21 - S- O3
VINEYARD ESI'ATES PHASE [f[-8
(A PLANNfO UNIT OfVE:LOPMfNT)
IN lliE CITY OF MADERA,

MADERA COUNTY, CALIFORNIA
M«)'f P MD fttam re ~ Harbison lnlernallonal, Inc. IHI Efl&!Mt,.. - s..myon - .....,. --.--. All.,., -IO.l. ~ Cll M'JI. 1• ... ,._ N/MJM~,_
~ SttW £9\JR OE fflft
9 SCCIICWOCIIWOIIIOIMiO'ffMIPN/0,i(ffl'V.UMfW
e ¥0M.-mlOJIOAS!rS01111!1>
( ) 0.-t,. l'tl 'NICtl VI# IIO. (114-0l. MOCIIOUI .. eoc. ~ (JI VM'S ,U P,\(O llt Al(I I! .. Y.e.l. (K )) IIAIAffll ... ,B(»IIIQ.0,- l-..~Nlt@ l"!i«l.!CWICIQltlll'»IIQVWN.. l'Gf1.tn,ll¢11,
f J 0-IA Plll -.ecit\l90II IIO, ~OG. ... ~#IP IQI PIia$( i. ~ 111 IOC)I( .. V ~ PG$11,..llt, VU,
a ,_~• ~m, tC11 ~ .tflffl m ooe "°' iott.MH1. o.b.c.

MC.ll w«ltA Ol'.Ulll'I' lffllCfllOS
OA.tl.C. °"'°"" IIIW)ltOS "'"°"" COl,lffl
n, fM resrmrPTNfP eoe,,. pqp,m., U:Hlfll' "'fl eie, ,,.,.., • ,-11£,1. ltOW' OFftll£l) f'O' IIO)Cl,flOII 1'111 ~ ffllCtl NI/I Vl\/1'1' ~ f(III ,ueuc lo«, A lll)ljl01JW11m0011CAllOlltunm-l'IJlll'lll&SfQIIIIUIU'WC. ,ut ,il(Jt;(ff{Q~OQX,1,IIONr0tM1.1CU1llnV~Tl'V"l'Ot(lf(ltl'Vfll.lCUK. =
ATTACHMENT 4
CFD 2005-1 Map
l
-
1-..
•O
u:z:

J
;

REPORT TO CITY COUNCIL
Approved by: Meeting of: November 16, 2022
_________________________________ Agenda Item: ____
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Vacation of a Portion of Clark Street Right-of-Way Between Owens Street and Taylor Street (ABN 2022-01)
RECOMMENDATION:

Hold a Public Hearing and Adopt a Resolution adopting a Categorical Exemption Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15305 (Minor Alterations in Land Use Limitations) and Approving the Vacation of a Portion of Clark Street Between Owens Street and Taylor Street
SUMMARY:

The City received an application for the vacation of an unimproved portion of Clark Street (ABN 2022-01) between Taylor Street and Owens Street (Attachment 1) that proposes to vacate a 10- foot-wide section (4,665 square feet) on either side of the street centerline between Owens Street and Taylor Street reducing the overall existing right-of-way width from 80 to 60 feet (Attachment 3, Exhibits A & B). The affected parcels are APN 003-250-024 to the north of Clark Street and APN 003-240-001 to the south of Clark Street. The vacation of the street portions will add approximately 4,665 square feet to each parcel.

Table 1: Project Overview
Project Number: ABN 2022-01
Applicant: New Alliance Investments, LLC
Location: Clark Street between Taylor Street and Owens Street Project Area: 4,665 square feet on either side of Clark Street Plan Land Use: Clark Street is designated Collector; Property north and south of rightof-way designated HD – High Density Residential C-2
Zoning District: PD 1,500 (Planned Development, one unit per 1,500 square feet of site area) north and south of existing right-of-way
Site Characteristics This segment of Clark Street right-of-way is undeveloped – no street improvements are present.

ANALYSIS:

Pursuant to Section 8309 of the California Streets and Highways Code, “vacation” means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement.

The applicant, New Alliance Investments, LLC, requests a partial vacation of Clark Street between Taylor and Owens Streets to reduce the existing street right-of-way width from 80 to 60 feet. The subject request is related to the Bella Vita Residences Project where, on August 10, 2021, the Planning Commission (Commission) approved entitlements for the project by way of Resolution No. 1931 (Attachment 2). As part of the resolution, Condition No. 69 required a portion of Clark Street between Taylor and Owens Streets be vacated prior to issuance of building permits. The applicant’s request for a partial vacation of Clark Street between Taylor and Owens Streets complies with the requirements of Condition No. 69. The vacation will not include the removal, construction or modification of existing infrastructure or structures.

Pursuant to the California Streets and Highways Code, upon the vacation of a street or portion(s) of a street, the underlying property reverts to whomever owns underlying fee title. The 10-footwide portions of the north and south sides of Clark Street to be vacated will revert to the adjacent property owner(s) to the north and south, respectively. Upon recordation of the vacation, the City would relinquish its rights to use of the respective portions of property as a roadway.

West of Owen Street, Clark Street is an 80-foot-wide right-of-way, which has been improved along the frontage of the multi-family residential development located on the south side. At the eastern boundary of the Clark Street segment proposed to be vacated, Clark Street is improved as a 60-foot-wide local street within the limits of the abutting single family residential neighborhood. An approximately 130-foot long “stub” street segment was dedicated and improved west of Taylor Street to provide for future connectivity. Reducing the Clark Street rightof-way width to 60-foot for the remaining segment east of Owens Street would have a minimum impact on circulation connecting to an existing 60-foot-wide right-of-way within the adjacent single family residential neighborhood.

Emergency and solid waste service vehicle access, and necessary right-of-way capacity for anticipated traffic volumes and circulation within the area would not be impacted. There are no known utilities or public utility easements located within the portions of right-of-way proposed to be vacated and no public utility easements will need to be retained.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Staff performed a preliminary environmental assessment and have determined that the project is exempt under Section 15305 (Minor Alterations in Land Use Limitations) of the State CEQA Guidelines because the project relates to City right of way. Further, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this project.

PLANNING COMMISSION REVIEW:

PUBLIC NOTICE:

Section 8322 of the California Streets and Highways Code requires that notice of the public hearing for a vacation be published for at least two successive weeks prior to the public hearing.

Public notice was published accordingly in the Madera Tribune. Further, Section 8323 of the Code requires that at least two weeks prior to the public hearing, notices of the requested right-ofway vacation be posted conspicuously along the line of the street proposed to be vacated. The notices were posted along Clark Street on November 2, 2022. Property owners and occupants within at least a 300-foot radius of the subject vacation property were notified by mail of hearing.

FISCAL IMPACT:

The applicant paid Planning Department application processing fees in accordance with the Master Fee Schedule to offset the cost associated with processing Right-of-Way Abandonment Application No. ABN 2022-01.

ALTERNATIVES:

Council could consider alternatives other than the Planning Commission and staff’s recommendation for approval of the partial vacation of Clark Street. The Council may:

1. Deny the partial vacation of Clark Street. Should the request be denied, the Bella Vita Residences Project approved by the Planning Commission on August 10, 2021 would be unable to move forward and the Project’s Precise Plan (PPL 2020-02) and Variance (VAR 2020-03) would be suspended.

2. Move to continue the item with direction to staff to provide additional information.

ATTACHMENTS:

1. Vicinity Map

2. Planning Commission Resolution No. 1931

3. Resolution of the City Council
ATTACHMENT 1
Vicinity Map
Attachment 1: Vicinity Map
ATTACHMENT 2
Planning Commission Resolution No. 1931

Commissioner Rohi Zacharia, Bobby Sheikh, Balwinder Singh, Saim Mohammad, Jose Eduardo Chavez, Chairperson Robert Gran Jr., Vice Chair Ramon Lopez None
None
None
ATTACHMENT 3
Resolution of the City Council
Including:

Exhibit A – Clark Street Right-of-Way Vacation Legal Description Exhibit B – Clark Street Right-of-Way Map
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING

A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15305 (MINOR ALTERATIONS IN LAND USE LIMIATIONS) AND

APPROVING THE VACATION OF A PORTION OF CLARK STREET BETWEEN

OWENS STREET AND TAYLOR STREET
WHEREAS, the City Council of the City of Madera (Council) is authorized by Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California to vacate and close to public use any right-of-way dedicated for public streets, or parts thereof, within the limits of the City; and
WHEREAS, the California Government Code Section 65402 and Streets and Highways Code Section 8313 require the Council review the disposition of any property, including street vacations, by the City; and
WHEREAS, the right-of-way to be vacated is an unimproved strip of land 10 feet in width, the north boundary of which is coincident with the north right-of-way line of Clark Street between Owens Street and Taylor Street, a distance of 466.57± feet; and WHEREAS, the right-of-way also to be vacated is an unimproved strip of land 10 feet in width, the southern boundary of which is coincident with the south right-of-way line of Clark Street between Owens Street and Taylor Street, a distance of 466.57± feet; and WHEREAS, it has been determined that the proposed vacation will not preclude public access to any properties; and
WHEREAS, in accordance with Streets and Highways Code Section 8313 and California Government Code 65402, the proposed vacation of a portion of the public right-of-way dedicated for Clark Street was submitted to and reported upon by the Planning Commission of the City of Madera (Commission); and
WHEREAS, on August 9, 2022, the Commission adopted Resolution No. 1931 determining the proposed vacation of a portion of the public right-of-way dedicated for Clark Street between Owens Taylor Streets was in conformance with the City of Madera General Plan; and WHEREAS, the City Clerk did cause to be published a notice of the public hearing, and did cause to be posted notices of vacation along the line of the subject public right-of-way, as required by the statute; and
WHEREAS, Council held a duly noticed public hearing as required by the statute, and has considered all evidence submitted concerning the portion of the public right-of-way dedicated for Clark Street between Owens and Taylor Streets being the vacated area described and shown in Exhibit A, attached hereto and made part hereof; and NOW THEREFORE, the City Council of the City of Madera finds and resolves as follows:

1. Recitals: The above recitals are true and correct and are incorporated herein by reference.

2. CEQA: A preliminary environmental assessment was prepared for this activity in accordance with the requirements of the California Environmental Quality Act (CEQA).

The Council finds and determines that the request for a vacation is categorically exempt under CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations) because the project relates to the reduction of City right of way and where it can be seen with certainty that here is no possibility that the activity in question may have a significant effect on the environment. Further, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this project.

3. Street Vacation: The City Council hereby determines that the street vacation of the northern 10 feet and southern 10 feet of an undeveloped portion of Clark Street located between Owens Street and Taylor Street by the City of Madera meets the requirements of Street and Highway Code Section 8300 et seq.

4. The City Council hereby orders the vacation of portion of Clark Street described and shown in Exhibits ‘A’ and ‘B’ attached to this resolution and incorporated by reference .

5. The Council authorizes and directs the City Clerk to cause this Resolution of Vacation to be recorded with the Clerk/Recorder of the County of Madera.

6. Effective Date: This resolution is effective immediately upon adoption.

EXHIBIT "A"

VACATION OF PORTIONS OF CLARK STREET RIGHT-OF-WAY
Portions of that certain 80-foot wide street now known as Clark Street, as shown on and dedicated for public use by "Part Two of Miller & Lux's Subdivision of Lands at Madera, Fresno County, California", according to the Map thereof filed in Volume 1 of Maps, at

Page 11 ends

Range 17 East, Mount Diablo Base and Meridian, described as fallows:

Northerly Portion:

A strip of land 10 feet in width the north boundary of which is coincident with the north rightof-way line of said 80-foot wide street now known as Clark Street, bounded on the west by the east right-of-way line of that certain 80-foot wide street now known as Owens Street and bounded on the east by the west line of Lot 10 of Block 2 of "Martin Subdivision", filed in Book 30 of Maps, at Page 111, Madera County Records.

Area: 4,666 Square Feet, more or less
Southerly Portion:

A strip of land 10 feet in width the south boundary of which is coincident with the south right-of-way line of said 80-foot wide street now known as Clark Street, bounded on the west by the east right-of-way line of that certain 80-foot wide street now known as Owens Street and bounded on the east by the west line of Lot 1 of "Sunny Meadows II", filed in Book 39 of Maps, at Pages 81 and 82, Madera County Records.

Area: 4,665 Square Feet, more or less
OMA Project No. 19-111.01 Page 1 of 1

Vacation of a Portion of Noble Street (Alley) along the east side and corner of Noble Street and Maple Street at southeast corner for right-of-way vacation (ABN 2020-02 and ABN 2021-01) RECOMMENDATION:

Hold a Public Hearing and:

1. Adopt a Resolution adopting a Categorical Exemption Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15305 (Minor Alterations in Land Use Limitations) and Approving the Vacation of a Portion of Noble Street (Alley) along the east side and corner of Noble Street and Maple Street at southeast corner.

SUMMARY:

The City received an application proposing the vacation of portions of existing right-of-way located along the east side Noble Street south of Maple Avenue (Attachment 1). The proposed vacations include a 10-foot (wide) by 275-foot (long), 2,750 square-foot portion of Noble Street (originally dedicated as right-of-way for an alley) located along the east side of Noble Street and south of Maple Street (ABN 2020-02). The City also received an application proposing the vacation of a triangular 9-foot (wide) by 52-foot (long) by 58-foot (long), 184 square-foot portion of the Noble Street right-of-way located at the immediate southeast corner of its intersection with Maple Street (ABN 2021-01). These right-of-way vacation areas are described and illustrated in Attachment 4, Exhibits A through D.

The alley vacation on the eastside of noble street south of Maple Street would reduce the overall existing right-of-way width from 40 to 30 feet east of centerline. In total, the proposed vacation C-3
of the respective portions of street and alley rights-of-way will add approximately 2,934 square feet to the affected parcel, Assessor Parcel Number (APN) 012-026-001, located along the east side of the Noble Street frontage.

Table 1: Project Overview
Project Number: ABN 2020-02 and ABN 2021-01
Applicant: Larry Moore
Location: Noble Street (Alley) along the east side of the street south of Maple Street and corner of Noble Street and Maple Street at southeast corner of intersection.

Project Area: 2,934 square feet on east side of Noble Street Plan Land Use: Noble Street is designated Other Road; Property to the east of the right-of-way designated HD – High Density Residential
Zoning District: PD 2,000 (Planned Development, one unit per 2,000 square feet of site area) east of existing right-of-way
Site
Characteristics
This segment of Noble Street right-of-way is improved with street pavement, curb and gutter only (i.e., there are no existing sidewalks, streetlights, drive approaches or curb returns on the east side of Noble Street within the limits of the proposed vacation areas).

ANALYSIS:

The applicant, Berry Development, requests a partial vacation of Noble Street (Alley) along the east side of the street south of Maple Street and corner of Noble Street and Maple Street at southeast corner to remove a portion of the existing street right-of-way for 10-foot of width and 275-foot of length at the alley and the corner triangle of Maple Street and Noble Street measuring 9 ft by 52 ft by 58 ft. The subject request is related to the Grove Gardens project, where on May 12, 2020, the Planning Commission (Commission) approved entitlements for the project by way of Resolution No. 1852. As part of the resolution, Condition 34 required the portion of Noble Street to be vacated prior to issuance of building permits. The applicant’s request for a partial vacation of Noble Street complies with the requirements of Condition 34. The vacation will not include the removal, construction or modification of existing infrastructure or structures.

Pursuant to the California Streets and Highways Code, upon the vacation of a street or portion(s) of a street, the underlying property reverts to whomever owns underlying fee title. The subject portions of Noble Street/Alley to be vacated will revert to the adjacent property and owner(s) to the east. Upon recordation of the vacation, the City would relinquish its rights to use of the property as a roadway.

North of Maple Street is an existing predominantly single-family residential neighborhood. A dedicated and minimally improved 20-foot-wide alley, which serves the existing residential neighborhood, extends north of Maple Street; offset slightly to the east of the Noble Street alignment. South of Maple Street the Noble Steet right-of-way primarily serves industrial uses.

Access to the gated multi-family residential project approved at the southeast corner of Noble and Maple Streets will take primary access from Grove Street; a single Emergency Vehicle Access (EVA) point with crash gate is proposed along the Noble Street frontage. Vacating the proposed portions of the right-of-way associated with Noble Street would have a minimum impact on circulation as this 10-foot portion is currently undeveloped and no other connections were intended to be made to this street segment. Service and vehicular access would be maintained to industrial properties to the south.

Emergency and solid waste service vehicle access, and necessary right-of-way capacity for anticipated traffic volumes and circulation within the area would not be impacted.

There are overhead utility lines which are conditioned to be undergrounded with development of the multi-family residential project. The development project was also conditioned with a requirement to dedicate a minimum 10-foot wide Public Utility Easement (PUE) along the entirety of the Noble Street frontage. The remaining right-of-way following vacation and the dedication of an on-site Public Utility Easement will provide sufficient space to accommodate undergrounding. The project was also conditioned to complete public frontage improvements including but not limited to sidewalk. A Pedestrian Easement (PE) may be required to be deeded to the City if final designs demonstrate insufficient width to accommodate minimum accessible paths of travel within the right-of-way. No easements are proposed to be retained with the proposed vacation of right-of-way at this time.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

PLANNING COMMISSION REVIEW:

California Government Code Section 65402 provides, “…no street shall be vacated or abandoned…until the location, purpose and extent of such…street vacation or abandonment…have been submitted to and reported upon by the planning agency as to the conformity with (the) adopted general plan or part thereof.” Further, California Streets and Highways Code Section 8313(a) provides, “[I]f the proposed vacation of a street, highway, or public service easement is within an area for which a general plan is adopted by a local agency, the legislative body of the public entity shall consider the general plan prior to vacating the street, highway, or public service easement.” Accordingly, the Planning Commission held a public hearing to consider the project at their regular meeting on May 12, 2020. No members of the public addressed the Commission on this item. The Commission adopted Resolution No. 1852 finding the vacation in conformance with the goals and policies of the General Plan and imposing Condition of Approval No. 34 to ensure the applicant formally submitted this abandonment application (Attachment 2). Additionally, on October 12, 2021 and November 9, 2021, the Planning Commission held public hearings to consider and adopt an addendum to the Negative Declaration, which was adopted by the Planning Commission for the Grove gardens project on May 12, 2020. This addendum was prepared to address the addition of project scope to include the abandonments of an alley and the portion of two roadways (ABN 2020-01, ABN 2020-02 and ABN 2021-01); and was adopted by the Commission as evidenced by Commission Resolution No. 1897 (Attachment 3).

PUBLIC NOTICE:

Section 8322 of the California Streets and Highways Code requires that notice of the public hearing for a vacation be published for at least two successive weeks prior to the public hearing.

Public notice was published accordingly in the Madera Tribune. Further, Section 8323 of the Code requires that at least two weeks prior to the public hearing, notices of the requested right-ofway vacation be posted conspicuously along the line of the street proposed to be vacated. The notices were posted along Noble Street on November 2, 2022. Property owners and occupants within at least a 300-foot radius of the subject vacation property were notified by mail of hearing.

FISCAL IMPACT:

ALTERNATIVES:

Council could consider alternatives other than the Planning Commission and staff’s recommendation for approval of the partial vacation of Noble Street (alley) and Noble Street and Maple Street. The Council may:

1. Deny the partial vacation of Noble Street (alley) and Noble Street and Maple Street.

Should the request be denied, the Grove Gardens Project approved by the Planning Commission on May 12, 2020 would be unable to move forward and the Project’s Precise Plan (PPL 2020-03) and Variance (VAR 2020-02) would be suspended.

2. Move to continue the item direction to staff to provide additional information.

ATTACHMENTS:

1. Vicinity Map

2. Planning Commission Resolution No. 1852

3. Planning Commission Resolution No. 1897

4. Resolution of the City Council
ATTACHMENT 1
Vicinity Map
Attachment 1: Vicinity Map
Ill II llll llllll
II II 1111 1111 ~
111111111111
ATTACHMENT 2
Planning Commission Resolution No. 1852
RESOLUTION NO. 1852

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MADERA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF

MADERA APPROVAL OF AN AMENDMENT OF THE GENERAL PLAN
CHANGING THE LAND USE DESIGNATION OF APPROXIMATELY 1.8

ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF THE

INTERSECTION OF MAPLE STREET AND NOBLE STREET FROM THE
I {INDUSTRIAL) TO HD {HIGH DENSITY) GENERAL PLAN LAND USE

DESIGNATION AND THE REZONING OF THE PROPERTY FROM THE
I {INDUSTRIAL) TO THE PD-2000 {PLANNED DEVELOPMENT) ZONE

DISTRICT
WHEREAS, State Law requires that local agencies adopt General Plans containing specific mandatory elements; and
WHEREAS, the City of Madera has adopted a Comprehensive General Plan Update and Environmental Impact Report, and the City of Madera is currently in compliance with State mandates relative to Elements of the General Plan; and
WHEREAS, State law also provides for periodic review, updates, and amendments of its various plans; and
WHEREAS, the City has initiated an amendment to the Madera General Plan amending the land use designation for approximately 1.8 acres of property located on the southeast corner of the intersection of Maple Street and Noble Street from the I (Industrial) land use designation to the HD {High Density) land use designation, as shown in the attached Exhibit A; and WHEREAS, the City has initiated a Rezone of the property from the I (Industrial) Zone District to the PD-2000 (Planned Development) Zone District, as shown in the attached Exhibit B; and
WHEREAS, the proposed General Plan amendment and Rezone will provide the required consistency between the General Plan and Zoning Ordinance; and WHEREAS, the proposed General Plan amendment and Rezone are compatible with the neighborhood and are not expected to be detrimental to the health, safety, peace, comfort or general welfare of the neighborhood or the City; and
WHEREAS, the City of Madera, acting as the Lead Agency, prepared an initial study and negative declaration for the project in compliance with the California Environmental Quality Act; and
WHEREAS, the negative declaration, General Plan amendment and rezoning were distributed for public review and comment to various local agencies and groups, and public notice of this public hearing was given by mailed and published notice, in accordance with the applicable State and Municipal Codes and standard practices; and
WHEREAS, the Planning Commission has completed its review of the Staff Report and documents submitted for the proposed project, evaluated the information contained in the negative declaration, and considered testimony received as a part of the public hearing process.

WHEREAS, Based upon the testimony and information presented at the hearing, including the initial study and negative declaration and all evidence in the whole record pertaining to this matter, the Commission found that the negative declaration has been prepared pursuant to the California Environmental Quality Act, that there is no substantial evidence that the project will have a significant effect on the environment, and that the document reflects the independent judgment of the City of Madera, and was adopted in accordance with the California Environmental Quality Act.

NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF MADERA AS FOLLOWS:

1. The above recitals are true and correct.

Commissioners; Israel Cortes, Robert Gran Jr., Richard Broadhead, Alex Salazar None
None
Commissioners; Pam Tyler, Ryan Cerioni

2. The Planning Commission hereby recommends that the Madera General Plan land use map be amended as specified in the attached Exhibit "A".

3. The proposed amendment to the Land Use Map is hereby found consistent with all elements of the Madera General Plan.

4. The proposed rezoning is hereby found to be consistent with all elements of the General Plan, including the land use map as amended by this application.

5. The Planning Commission hereby recommends the City Council adopt an ordinance rezoning property as specified within the attached Exhibit "B".

6. This resolution is effective immediately.
* * * * *
Passed and adopted by the Planning Commission of the City of Madera this 12th day of May 2020, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Cortes
Planning Commission Chairperson
Attest:

Darrell Unruh
Interim Planning Manager

DRAFT ORDINANCE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP REZONING APPROXIMATELY 1.8 ACRES OF LAND LOCATED ON THE SOUTHEAST

CORNER OF THE INTERSECTION OF MAPLE STREET AND NOBLE
STREET TO THE PD-2000 (PLANNED DEVELOPMENT) ZONE DISTRICT AS IDENTIFIED WITHIN EXHIBIT "A"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MADERA AS FOLLOWS:

SECTION 1. The Planning Commission of the City of Madera and this Council have held public hearings upon the rezoning of this property and have determined that the proposed rezoning is consistent with the General Plan as amended and subsequent development will be in conformance with all standards and regulations of the Municipal Code.

SECTION 2. The City of Madera Zoning Map as provided for in Chapter 3 of Title 10 of the Madera Municipal Code is hereby amended as illustrated in the hereto attached Exhibit "A" which indicates the segment of the City of Madera Zoning Map to be amended. Unless the adoption of this amendment to the Zoning Map is lawfully stayed, thirty-one {31) days after adoption of this amendment, the Planning Manager and City Clerk shall cause these revisions to be made to the City of Madera Zoning Map which shall also indicate the date of adoption of this revision and be signed by the Planning Manager and City Clerk.

SECTION 3. Based upon the testimony and information presented at the hearing, the adoption of the proposed rezoning is in the best interest of the City of Madera, and the Council hereby approves the rezoning based on the following findings:

FINDINGS:

1. THE PROPOSED REZONE WILL PROVIDE THE REQUIRED CONSISTENCY BETWEEN THE GENERAL PLAN AMENDMENT AND ZONING.

2. THE REZONE IS NOT EXPECTED TO BE DETRIMENTAL TO THE HEALTH, SAFETY, PEACE, COMFORT OR GENERAL WELFARE OF THE NEIGHBORHOOD OR THE CITY.

3. CITY SERVICES AND UTILITIES ARE AVAILABLE OR CAN BE EXTENDED TO SERVE THE AREA.

SECTION 4. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
* * * * *
ATTACHMENT 3
Planning Commission Resolution No. 1897
RESOLUTION NO. 1897

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MADERA

APPROVING GRAMMATICAL CHANGES TO AND ADOPTING THE ADDENDUM

TO THE NEGATIVE DECLARATION FOR THE GROVE GARDENS PROJECT WHEREAS, an Initial Study/Negative Declaration was previously prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Ave (CEQA) for the Grove Gardens Project (General Plan Amendment 2020-02, REZ 2020-01, PPL 2020-03 and VAR 2020-02), and was found that the project will not individually or cumulatively have an adverse effect on wildlife resources, and the City of Madera Planning Commission approved the assessment at a duly noticed meeting on May 12, 2020; and
WHEREAS, an addendum to the previously adopted Initial Study/Negative Declaration for Grove Gardens Project was drafted that considers the addition of project scope to include the abandonments of an alley and the portion of two roadways (ABN 2020-01, ABN 2020-02 and ABN 2021-01) and lot line adjustment (LLA 2020-04) as well as the site plan and floor plan modifications proposed in PPL 2020-03 MOD, and it is determined the previously Negative Declaration adopted by the Planning Commission on May 12, 2020, is sufficient and no additional environmental analysis is required; and WHEREAS, the addendum to the previously adopted Initial Study/Negative Declaration for Grove Gardens Project was adopted by the Planning Commission on October 12, 2021 where staff erroneously titled the addendum as "Amendment to the Initial Study/Negative Declaration for Grove Gardens Project"; and
WHEREAS, the California Environmental Quality Act (CEQA) Guidelines Section 15164 provides procedural steps for addendums to Negative Declarations and Section 15164(b) states that minor technical changes or additions to a Negative Declaration are not required to be recirculated for review; and
WHEREAS, the City provided notice of the November 9, 2021, Planning Commission hearing as required by law; and
WHEREAS, a public hearing was held, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Planning Commission; and WHEREAS, the grammatical error in the title of the Initial Study/Negative Declaration referring to the document as an "amendment" rather than an "addendum" has been corrected to properly reflect the provisions of CEQA Guidelines Section 15164, and is hereby approved as an Addendum to the Initial Study/Negative Declaration for the Grove Gardens Project.

NOW THEREFORE, be it resolved by the Planning Commission of the City of Madera as follows:

1. Recitals: The above recitals are true and correct and are incorporated herein.

2. CEQA: The Planning Commission finds and determines that the correction of grammatical errors is not a "project" for the purposes of CEQA pursuant to CEQA Guidelines Section 15378 as it involves minor grammatical changes and does not change the validity of the adopted Commissioners Ramon Lopez, Rohi Zacharia, Bobby Sheikh, Balwinder Singh, Alex Salazar and Robert Gran Jr.

None
None
None
Initial Study/Negative Declaration by the commission on October 12, 2021, for the Grove Gardens Multifamily Housing Project and adopts the Addendum to the Initial Study/Negative Declaration for the Grove Gardens Project.

3. Effective Date: This resolution is effective immediately. * * * * *
Passed and adopted by the Planning Commission of the City of Madera this 9th day of November 2021, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Robert Gran Jr.

Planning Commission Chairperson
Attest:

Planning Manager
ATTACHMENT 4
Resolution of the City Council
Including:

Exhibit A – Noble Street (Alley) Right-of-Way Vacation Legal Description Exhibit B – Noble Street (Alley) Right-of-Way Map
Exhibit C – Noble Street (Corner) Right-of-Way Vacation Legal Description Exhibit D – Noble Street (Corner) Right-of-Way Map
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING

A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15305 (MINOR ALTERATIONS IN LAND USE LIMIATIONS) AND

APPROVING THE VACATION OF A PORTION OF EAST NOBLE STREET ALLEY

AND SOUTHEAST CORNER OF NOBLE STREET AND MAPLE STREET
WHEREAS, the City Council of the City of Madera (Council), is authorized by Chapter 3, Part3, Division 9 of the Streets and Highways Code of the State of California to vacate and close to public use any right-of-way dedicated for public streets, or parts thereof, within the limits of the City; and
WHEREAS, the California Government Code Section 65402 and Streets and Highways Code Section 8313 require the Council review the disposition of any property, include street vacations, by the City; and
WHEREAS, the right-of-way to be vacated is an unimproved strip of land 10 feet in width, the west boundary of which is coincident with the east right-of-way line of Noble Street a distance of 275 feet south of Maple Street as well as a corner of Maple Street and Noble Street measuring 9 ft by 52 ft by 58 ft; and
WHEREAS, it has been determined that the proposed vacation will not preclude public access to any properties; and
WHEREAS, in accordance with Streets and Highways Code 8313 and California Government Code 65402, the proposed vacation of a portion of the public right-of-way dedicated for Noble Street (Alley) and Noble Street and corner Maple Street was submitted to and reported upon by the Planning Commission of the City of Madera (Commission); and WHEREAS, on May 12, 2020, the Commission adopted Resolution No. 1852 determining the proposed vacation of a portion of the public right-of-way dedicated for Noble Street (Alley) and corner of Noble Street and Maple Street would be required to be vacated and included a condition of approval to ensure a vacation application be submitted; and WHEREAS, the City Clerk did cause to be published a notice of the public hearing, and did cause to be posted notices of vacation along the line of the subject public right-of-way, as required by the statute; and
WHEREAS, Council held a duly noticed public hearing as required by the statute, and has considered all evidence submitted concerning the portion of the public right-of-way dedicated for Noble Street (alley) and corner of Noble Street and Maple Street being the vacated area described and shown in Exhibits A through D, attached hereto and made part hereof; and ---
NOW THEREFORE, the City Council of the City of Madera finds and resolves as follows:

1. Recitals: The above recitals are true and correct and are incorporated herein by reference.

2. CEQA: A preliminary environmental assessment was prepared for this activity in accordance with the requirements of the California Environmental Quality Act (CEQA).

The Council finds and determines that the request for a vacation is categorical exempt under CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations) because the project relates to the reduction of City right of way and where it can be seen with certainty that here is no possibility that the activity in question may have a significant effect on the environment. Further, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this project.

3. Street Vacation: The City Council hereby determines that the street (alley) vacation of the eastern 10 feet of an undeveloped portion of Noble Street by the City of Madera meets the requirements of Street and Highway Code Section 8300 et seq.

4. The City Council hereby orders the vacation of portion of Noble Street (alley) described and shown in Exhibits ‘A’ and ‘B’ attached to this resolution and incorporated by reference.

5. The Council authorizes and directs the City Council to cause this Resolution of Vacation to be recorded with the Clerk/Recorder of the County of Madera

6. Effective Date: This resolution is effective immediately upon adoption.

NOW THEREFORE, be it resolved by the Council as follows:

1. Recitals: The above recitals are true and correct and are incorporated herein by reference.

2. CEQA Recommendation: A preliminary environmental assessment was prepared for this activity in accordance with the requirements of the California Environmental Quality Act (CEQA). The Council finds and determines that the request for a vacation is categorical exempt under CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations) because the project relates to the reduction of City right of way and where it can be seen with certainty that here is no possibility that the activity in question may have a significant effect on the environment. Further, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this project.

3. Street Vacation: The City Council hereby determines that the street vacation of southeastern corner of Noble Street and Maple Street of an undeveloped triangle portion by the City of Madera meets the requirements of Street and Highway Code Section 8300 et seq.

4. The City Council hereby orders the vacation of portion of corner triangle of Noble Street and Maple Street described and shown in Exhibits ‘C’ and ‘D’ attached to this resolution and incorporated by reference.

5. The Council authorizes and directs the City Clerk to cause this Resolution of Vacation to be recorded with the Clerk/Recorder of the County of Madera.

6. Effective Date: This resolution is effective immediately upon adoption.

EXHIBIT "A"

ALLEY ABANDONMENT LEGAL DESCRIPTION
EXISTING PARCEL 1
ALL OF LOTS ONE (1), TWO {2) AND THREE (3), EXCEPT THE EASTERLY 75 FEET THEREOF, AND ALL OF LOTS FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT {8), NINE {9), TEN (10) AND ELEVEN (11); IN BLOCK TEN (10) OF PARK ADDITION TO MADERA, ACCORDING TO MAP ENTITLED ,,PARK ADDITION TO MADERA"

FILES AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF FRESNO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, APRIL 27, 1893.

ADJUSTED PARCEL "A"
ALL OF LOTS ONE (1), TWO (2) AND THREE (3), EXCEPT THE EASTERLY 75 FEET THEREOF, AND ALL OF LOTS FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT {8), NINE {9), TEN (10) AND ELEVEN (11); IN BLOCK TEN (10) OF PARK ADDITION TO MADERA, ACCORDING TO MAP ENTITLED ,,PARK ADDITION TO MADERA"

FILES AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF FRESNO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, APRIL 27, 1893.

TOGETHER WITH THE EAST HALF OF THAT PORTION OF A 20 FOOT WIDE ALLEY ACCORDING TO MAP ENTITLED "PARK ADDITION TO MADERA" FILES AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF FRESNO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, APRIL 27, 1893.

PREPARED BY:

DALE H. WINN RCE 23273 EXP 12-31-2021
40'
,_ ______________ _
'
I
214.59' N89"45'47"W
MAPLE STREET 40'
I- - - <135'> - -
30'

34.64: <135'> (N89"�5� 7
�
"W)
'in 59.64 75.00 � N LOT 1 w C)C) I
w
w 0
1-
w
w
V • /
_I\ - - io � - -- C>�
foI t!:J LOT 2� 8 'l,"
V r-- b C>°'
o
z �g,"·
a:::

I-
(/)
w
>
0 APN: 012-025-002 d
LO
---- -- A
in
a:::
1--
(/) }LI
LOT 3 '?" - S89"51 '00"E
0 APN: 012-025-003
a::: �I c., ------
N
w !fl _J ..,. rn P 08 zc.
�
N
Lt)

75.00' .A I
LOT 4 ---- 40' 40' APN: 012-025-004 �J
---- -- ---
LOT 5
184.98'
w•
�
0 p
0 0
z
;i.
<X)
..f
;;:;
1-
I� p
0 10
z
I....,. Ii .......
(155.92') (S89"51 '00"E)
PORTION OF 80' WIDE ROAD I

RIGHT-OF-WAY PREVIOUSLY I

DEDICATED ON THE MAP OF PARK

ADDITION TO MADERA, RECORDED I
IN BOOK 1 OF RECORD OF
SURVEYS AT PAGE 28, FRESNO

COUNTY RECORDS I
I
I
IIi
(224.98') (S89"44'43"E)
18 le

II LEGEND
127221
I
( i )
1 OFT REMAINDER OF ALLEY TO BE ABANDONED
(APPROX. 2,743SF) AND MERGED WITH PARCEL 1

EXISTING PROPERTY LINE

EXISTING CENTER LINE
DATA PER PARCEL MAP No. 99-P-01 RECORDED
IN BK 47, PGS 121 TO 122 OF PARCEL MAPS,
MADERA COUNTY RECORDS.

NORTH
SCALE: 1" = 60' I
....,.

I
o· 30'
50• I
� < > DAT A PER PARK ADDITION TO MADERA, BK 1, PG
o 28, FRESNO COUNTY RECORDS
� I POC POINT OF COMMENCEMENT
.....,. I POB POINT OF BEGINNING
i� -C�R
· __ :

O
:

N
:___ ��5� �5'._08�E_) __ _ _ __ _ _
� HARBISON INTERNATIONAL INC., EXHIBIT "B"
ALLEX ABANDONMENT L!lJ ENGINEERS - SURVEYORS - PLANNERS 2755 E. SHAW AVE., SUITE 101, FRESNO, CA 93710
PHONE: (559) 294-7485 FAX: (559) 294-7481
Segment# 8 : Line
Course: S89°51,00" E
North: 89287.3303'
Perimeter: 839.34'
Error Closure: 0.0029
Error North : -0.00007
Precision 1: 289427.59
Length: 75.00'
East: 93620.7217'
Area : 34166.96Sq.Ft.

Course: S88°35,24"E
East: 0.00292
EXHIBIT “C”

NOBLE STREET ABANDONMENT (PORTION) LEGAL DESCRIPTION
COMMENCING AT THE NORTHWEST CORNER OF LOT 1 IN BLOCK TEN (10) OF PARK ADDITION TO MADERA, ACCORDING TO MAP ENTITLED “PARK ADDITION TO MADERA” FILES AND RECORDED IN

THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF FRESNO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, APRIL 27, 1893, THENCE NORTH 89°45’47” WEST, A DISTANCE OF 10 FEET, TO THE POINT OF BEGINNING;
THENCE SOUTH 43°42’14” WEST, A DISTANCE OF 9.08 FEET;
THENCE SOUTH 6°46’10” EAST, A DISTANCE OF 52.53 FEET;
THENCE NORTH 00°04’52” EAST, A DISTANCE OF 58.73 FEET, TO THE POINT OF BEGINNING.

AREA CONTAINS APPROXIMATELY 184 SQUARE FEET;
PREPARED BY:
__________________________________________
DALE H. WINN RCE 23273 EXP 12-31-2021
I
I
MAPLE STREET 4
0'
-- -- 214.59' N89"45'47•w
4 0'
Iw
w
a::

I-
(/)
w
0 a::
c.,
40'40'
I.a.I
• I()
..,,
b I
p
0 0
z
ao I
�... ..,,
1-I.a.I
I()
..,,
b
p
0 10
z
1-
f:'... 0
...
<135'>
APN: 012-025-002
APN: 012-025-003
8 d
I()
"
io
�I
·" I
APN: 012-025-004
-- _
ijJ
(155.92') (S89"51'00"E)
I
122"7-21 184SF± OF NOBLE STREET TO BE ABANDONED.

NORTH
SCALE: 1" = 60'
( DATA PER PARCEL MAP No. 99-P-01 RECORDED � )
_. IN BK 47, PGS 121 TO 122 OF PARCEL MAPS, �
MADERA COUNTY RECORDS.
� < > DATA PER PARK ADDITION TO MADERA, BK 1, PG
o 28, FRESNO COUNTY RECORDS
� I POC POINT OF COMMENCEMENT
o· 30'
......, I POB POINT OF BEGINNING
i � _ �--- CORNER
__
(3
_

74.52') (S89"55'08"E) ___ _ ___ _
60'
EXHIBIT "D"

NOBLE STREET ABANDONMENT
(PORTION)
(R) HARBISON INTERNATIONAL INC., l.!lJ ENGINEERS - SURVEYORS - PLANNERS 2755 E. SHAW AVE., SUITE 101, FRESNO, CA 93710
PHONE: (559) 294-7485 FAX: (559) 294-7481
Line#
L1
L2
L3
EXHIBIT "D"

NOBLE STREET ABANDONMENT
(PORTION)
Line Table
Length

9.08'

52.53'

58.73'
Direction
s43·42•14 "W
so5·45•1 o"E
Noo·o4• 52"E
(R) HARBISON INTERNATIONAL INC., l.!lJ ENGINEERS - SURVEYORS - PLANNERS 2755 E. SHAW AVE., SUITE 101, FRESNO, CA 93710
PHONE: (559) 294-7485 FAX: (559) 294-7481
Name: NOBLE STREET ABANDONMENT (PORTION)
North: 89607.3372' East: 92214.9846'
Segment #1 : Line
Course: S43°42'14"W Length: 9.08'
North: 89600.7730' East: 92208.7109'
Segment #2 : Line
Course: S06°46'10"E Length: 52.53'
North: 89548.6093' East: 92214.9029'
Segment #3 : Line
Course: N00°04'52"E Length: 58.73'
North: 89607.3392' East: 92214.9860'
Perimeter: 120.35' Area: 184.02 Sq. Ft.

Error Closure: 0.0025 Course: N34°59'28"E
Error North: 0.00204 East: 0.00143
Precision 1: 48136.00

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Vacation of a Portion of Grove Street right-of-way South of Maple Street (ABN 2020-01) RECOMMENDATION:

The City received an application for the vacation of an unimproved portion of Grove Street (ABN 2020-01) south of Maple Street (Attachment 1) that proposes to vacate the entire right-of-way for an 80-foot-wide by 175-foot-long section (14,000 square feet) for the portion of the street starting 140-foot south of Maple Street (Attachment 4, Exhibits A & B). The affected parcels are APNs 012-026-001 and; 012-402-006. Title reports have been submitted showing the applicant as owner of APN’s 012-026-001 and 012-402-006. The vacation of the street portion will add 14,000 square feet to the parcels to accommodate approved and future development at this location.

Table 1: Project Overview
Project Number: ABN 2020-01
Applicant: Larry Moore
Location: Grove Street south of Maple Street
Project Area: 14,000 square feet of entire right of way 140-foot south of Maple Street
Meeting of: November 16, 2022
Agenda Item: C-4
Plan Land Use: Maple Street is designated Other Road; Property north and south of right-of-way designated HD – High Density Residential
Zoning District: PD 2,000 (Planned Development, one unit per 2,000 square feet of site area)
Site Characteristics This segment of Grove Street right-of-way is undeveloped – no street improvements are present
ANALYSIS:

The applicant, Berry Development, requests a partial vacation of Grove Street south of Maple Street to remove a portion of the existing street right-of-way for the full 80-foot of width and 175-foot of length. The subject request is related to the Grove Gardens project, where on May 12, 2020, the Planning Commission (Commission) approved entitlements for the project by way of Resolution No. 1852. As part of the resolution, Condition No. 34 required the portion of Grove Street to be vacated prior to issuance of building permits. The applicant’s request for a partial vacation of Grove Street complies with the requirements of Condition No. 34. The vacation will not include the removal, construction or modification of existing infrastructure or structures.

Pursuant to the California Streets and Highways Code, upon the vacation of a street or portion(s) of a street, the underlying property reverts to whomever owns underlying fee title. The subject portion of Grove Street to be vacated will revert to the adjacent properties and owner(s). Upon recordation of the vacation, the City would relinquish its rights to use of the property as a roadway.

North of Grove Street is a developed 80-foot-wide right-of-way. South of Maple Street only 140- foot of Grove Street is developed with the remainder of the right-of-way undeveloped and terminating at the northern property line of industrial buildings to the south. Removing this portion of the right-of-way would have a minimum impact on circulation as no future connections were intended to be made on this street to the south.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

PLANNING COMMISSION REVIEW:

PUBLIC NOTICE:

Section 8322 of the California Streets and Highways Code requires that notice of the public hearing for a vacation be published for at least two successive weeks prior to the public hearing.

Public notice was published accordingly in the Madera Tribune. Further, Section 8323 of the Code requires that at least two weeks prior to the public hearing, notices of the requested right-ofway vacation be posted conspicuously along the line of the street proposed to be vacated. The notices were posted along Grove Street on November 2, 2022. Property owners and occupants within at least a 300-foot radius of the subject vacation property were notified by mail of hearing.

FISCAL IMPACT:

ALTERNATIVES:

Council could consider alternatives other than the Planning Commission and staff’s recommendation for approval of the partial vacation of Grove Street. The Council may:

1. Deny the partial vacation of Grove Street. Should the request be denied, the Grove Gardens Project approved by the Planning Commission on May 12, 2020 would be unable to move forward and the Project’s Precise Plan (PPL 2020-03) and Variance (VAR 2020- 02) would be suspended.

2. Move to continue the item direction to staff to provide additional information.

ATTACHMENTS:

1. Vicinity Map

2. Planning Commission Resolution No. 1852

3. Planning Commission Resolution No. 1897

4. Resolution of the City Council
ATTACHMENT 1
Vicinity Map
Attachment 1: Vicinity Map
ATTACHMENT 2
Planning Commission Resolution No. 1852
RESOLUTION NO. 1852

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MADERA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF

MADERA APPROVAL OF AN AMENDMENT OF THE GENERAL PLAN
CHANGING THE LAND USE DESIGNATION OF APPROXIMATELY 1.8

ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF THE

INTERSECTION OF MAPLE STREET AND NOBLE STREET FROM THE
I {INDUSTRIAL) TO HD {HIGH DENSITY) GENERAL PLAN LAND USE

DESIGNATION AND THE REZONING OF THE PROPERTY FROM THE
I {INDUSTRIAL) TO THE PD-2000 {PLANNED DEVELOPMENT) ZONE

Commissioners; Israel Cortes, Robert Gran Jr., Richard Broadhead, Alex Salazar None
None
Commissioners; Pam Tyler, Ryan Cerioni

DRAFT ORDINANCE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP REZONING APPROXIMATELY 1.8 ACRES OF LAND LOCATED ON THE SOUTHEAST

FINDINGS:

1. THE PROPOSED REZONE WILL PROVIDE THE REQUIRED CONSISTENCY BETWEEN THE GENERAL PLAN AMENDMENT AND ZONING.

2. THE REZONE IS NOT EXPECTED TO BE DETRIMENTAL TO THE HEALTH, SAFETY, PEACE, COMFORT OR GENERAL WELFARE OF THE NEIGHBORHOOD OR THE CITY.

3. CITY SERVICES AND UTILITIES ARE AVAILABLE OR CAN BE EXTENDED TO SERVE THE AREA.

SECTION 4. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
* * * * *
ATTACHMENT 3
Planning Commission Resolution No. 1897

Commissioners Ramon Lopez, Rohi Zacharia, Bobby Sheikh, Balwinder Singh, Alex Salazar and Robert Gran Jr.

None
None
None
ATTACHMENT 4
Resolution of the City Council
Including:

Exhibit A – Grove Street Right-of-Way Vacation Legal Description Exhibit B – Gove Street Right-of-Way Map
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING

A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15305 (MINOR ALTERATIONS IN LAND USE LIMIATIONS) AND

APPROVING THE VACATION OF A PORTION OF GROVE STREET
WHEREAS, the City Council of the City of Madera (Council), is authorized by Chapter 3, Part3, Division 9 of the Streets and Highways Code of the State of California to vacate and close to public use any right-of-way dedicated for public streets, or parts thereof, within the limits of the City; and
WHEREAS, the California Government Code Section 65402 and Streets and Highways Code Section 8313 require the Council review the disposition of any property, include street vacations, by the City; and
WHEREAS, the right-of-way to be vacated is an unimproved portion of the entire right of way of 80-foot width, for 175-foot for the portion of the street starting 140-foot south of Maple Street; and
WHEREAS, it has been determined that the proposed vacation will not preclude public access to any properties; and
WHEREAS, in accordance with Streets and Highways Code Section 8313 and California Government Code 65402, the proposed vacation of a portion of the public right-of-way dedicated for Grove Street was submitted to and reported upon by the Planning Commission of the City of Madera (Commission); and
WHEREAS, on May 12, 2020, the Commission adopted Resolution No. 1852 determining the proposed vacation of a portion of the public right-of-way dedicated for Grove Street would be required to be vacated and included a condition of approval to ensure a vacation application be submitted; and
WHEREAS, the City Clerk did cause to be published a notice of the public hearing, and did cause to be posted notices of vacation along the line of the subject public right-of-way, as required by the statute; and
WHEREAS, Council held a duly noticed public hearing as required by the statute, and has considered all evidence submitted concerning the portion of the public right-of-way dedicated for Grove Street being the vacated area described and shown in Exhibit A, attached hereto and made part hereof; and
NOW THEREFORE, the City Council of the City of Madera Finds and resolves as follows:

1. Recitals: The above recitals are true and correct and are incorporated herein by reference.

2. CEQA: A preliminary environmental assessment was prepared for this activity in accordance with the requirements of the California Environmental Quality Act (CEQA).

3. Street Vacation: The City Council hereby determines that the street vacation of the entire 80-foot width of Grove Street, for 175-foot length at 140-foot south of Maple Street of an undeveloped portion of Grove Street by the City of Madera meets the requirements of Street and Highway Code Section 8300 et seq.

4. The City Council hereby orders the vacation of portion of Grove Street described and shown in Exhibits ‘A’ and ‘B’ attached to this resolution and incorporated by reference.

5. The Council authorizes and directs the City Clerk to cause this Resolution of Vacation to be recorded with the Clerk/Recorder of the County of Madera.

6. Effective Date: This resolution is effective immediately upon adoption.

EXHIBIT "A"

GROVE STREET RIGHT-OF-WAY VACATION LEGAL DESCRIPTIONS
EXISTING PARCEL 1
PARCEL 3 OF PARCEL MAP NO. 99-P-0l, IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED MAY 28, 1999 IN VOLUME 47 OF MAPS, AT PAGES 121 AND 122, MADERA COUNTY RECORDS.

EXISTING PARCEL 2
ALL OF LOTS ONE (1), TWO (2) AND THREE (3), EXCEPT THE EASTERLY 75 FEET THEREOF, AND ALL OF LOTS FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10) AND ELEVEN {11); IN BLOCK TEN (10) OF PARK ADDITION TO MADERA, ACCORDING TO MAP ENTITLED "PARK ADDITION TO MADERA"

FILES AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF FRESNO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, APRIL 27, 1893, AND RECORDED NO. 284

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 16, 2022
_________________________________ Agenda Number: ___________ Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Permanent Local Housing Allocation (PLHA) Grant Application RECOMMENDATION:

Conduct the public hearing and, Adopt a Resolution authorizing submittal of a grant application for the PLHA program
SUMMARY:

In 2017, Governor Brown signed the Legislative Housing Package to address the State’s housing shortage and high housing costs. The Building Homes and Jobs Act (Senate Bill (SB) 2) was signed into law in 2017. The goal of SB 2 is to provide a permanent and on-going source of funding to local governments for housing related projects and programs that assist in addressing the unmet housing needs of local communities. SB 2 established a $75 fee to be paid at the time of recording of every real estate instrument, paper, or notice required per single parcel of property. The SB 2 Bill requires that the revenue generated by the imposition of the recording fee appropriate a state-mandated local program (PLHA). The revenue from SB 2 will vary from year to year, as it is dependent on real estate transactions with fluctuating activity. Thus, the PLHA annual allocations will also vary.

The California Department of Housing and Community Development (HCD) announced the 2022 PLHA Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 funds in addition to the $131 million in calendar year 2019 and 2020 funds for Entitlement and Non-Entitlement Local governments. This NOFA is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2021 and includes any remaining unawarded funds not requested for calendar years 2019 and 2020.

C-5
The City is an Entitlement jurisdiction based on the formula prescribed under federal law for the Community Development Block Grant (CDBG). The City has not previously requested PLHA funds, therefore this PLHA application request is soliciting all PLHA funds accumulated since 2019. This current NOFA provides the final opportunity for the City to apply for its 2019 PLHA funding allocation in the amount of $422,319. Funds allocated to Local governments that do not submit a complete application by the deadline will revert to the State’s Multifamily Housing Program or State-administered technical assistance to Local governments.

The City must meet the following threshold requirements to apply for and request funds:
 The City’s Housing Element must be in compliance with State Housing Element Law.  The City must have submitted Annual Progress Reports on the housing element for the corresponding calendar years for which the City is requesting PLHA funds.  The City must submit a 5-year PLHA application that outlines a plan detailing how the allocated funds will be used.

After HCD accepts the PLHA application along with the outlined 5-year spending plan and the 2019 funds are awarded, annual applications are required during the term of the 5-year period to claim the remaining PLHA allocations for calendar years 2020, 2021, 2022, and 2023. Staff will prepare each application annually and submit to HCD as authorized by Council. The PLHA is a permanent program with revenue estimates updated on a 5-year cycle.

DISCUSSION:

As an Entitlement jurisdiction, HCD estimates the City will receive an allocation over a five-year period (2019-2023) totaling $2,533,914 from revenue collected and deposited into the Fund beginning in calendar year 2019.

Eligible activities for the PLHA are limited to the following:

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely lowVery low-, Low-, or Moderate-income households.

2. The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs).

3. Matching portions of funds placed into Local or Regional Housing Trust Funds.

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund.

5. Capitalized Reserves for services connected to the preservation and creation of new, permanent supportive housing.

6. Assisting persons who are experiencing or at-risk of homelessness.

7. Accessibility modificationsin Lower-Income owner-occupied housing.

8. Effortsto acquire and rehabilitate foreclosed or vacant homes and apartments.

9. Homeownership opportunities, including, but not limited to, down payment assistance.

Funds available for administrative expenses are limited to five percent of the allocation. Eligible activities must also be consistent and compliant with the City’s Adopted Housing Element.

The PLHA application includes a proposed 5-year allocation plan for the current funding cycle (2019-2023). Staff recommends utilizing PLHA funding for two core purposes: 1) services to homeless individuals and those at risk of homelessness, and 2) the development and/or rehabilitation of affordable rental housing.

Staff is proposing that the 2019 PLHA allocation in the amount of $422,319 be allocated towards the operational costs for homeless emergency shelter as outlined in the PLHA Plan. The City will utilize its procurement process to solicit for a qualified subgrantee to manage and operate an emergency shelter facility, including the provision of support services to homeless persons or those at-risk of homelessness. Support services include but are not limited to:
 Operational costs of implementing and managing an emergency shelter including case management
 Housing navigation
 Payroll expenses
 Food, supplies
 Utilities
 Maintenance
 Transportation
Staff is also proposing utilizing the remaining PLHA allocations for calendar years 2020-2023 (approximately $2,111,595) for the predevelopment, development, acquisition, rehabilitation, and preservation of housing that is affordable to Extremely Low-Income, Very Low- Income, and Low-Income households. This assistance will be offered in the form of low-interest, deferred loans. The loans will be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement that will restrict occupancy and rents for a term of at least 55 years.

The proposed PLHA allocation plan is detailed for a term of five years. However, the City pursuant to council authorization and approval may request an amendment to the PLHA allocation plan in each succeeding year within the 5-year approved term. The HCD will consider and approve such requested amendment as appropriate.

FINANCIAL IMPACT:

The activities proposed will not impact the City’s General Fund as the costs will be paid with PLHA grant funds. It is anticipated that the City of Madera will receive an estimated total of $2,533,914 in PLHA funds grant award over the five-year (2019-2023) allocation period.

ALTERNATIVES:

As an alternative, Council may:

1. Direct staff to reconsider this proposed allocation and identify an alternative activity(ies).

2. Ask staff to seek alternative revenue sources to finance the indicated homeless and affordable rental housing programs.

ATTACHMENTS:

1. Attachment A - Resolution Authorizing Submittal of PLHA Grant Application and adopting the 5-Year Plan.

2. Attachment B PLHA Plan and Application
RESOLUTION NO. 22-_____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM
WHEREAS, the Department of Housing and Community Development is authorized to provide up to $197 million under the SB2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties as describes in the Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2)); and
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued an amended Notice of Funding Availability (“NOFA”) dated 10/18/2022 under the Permanent Local Housing Allocation (PLHA) Program; and WHEREAS, the City of Madera is an eligible local government who has applied for program funds to administer one or more eligible activities; and WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA grant recipients.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA does hereby find, resolve, and order:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. That Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $ 2,533,914 in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to section 302 (c )(4) of the Guidelines, Applicant’s PLHA Plan is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

5. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

6. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

7. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

8. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

9. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

10. City Manager or his designee is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program of the PLHA grant awarded to Applicant, as the Department may deem appropriate.

11. This resolution is effective immediately upon adoption. *****
Final Filing Date: October 31, 2022
at 4:00 P.M. PST
Permanent Local Housing Allocation
(PLHA) Formula Allocation
2022 Application for New Applicants
State of California
Governor, Gavin Newsom
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 PLHA Program Email: [email protected]
Threshold items are indicated in "blue" cells.

Applicant must complete the following worksheets in the PLHA Formula Allocation Application.

Formula Allocation Application
"Red" shaded cells indicate the Sponsor has failed to meet a requirement of the program.

Application and Adopting the
PLHA Plan (2019-2023
Allocations) Reso
Electronic File Name
App1 TIN
Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

Document Description
302(c)(4) Plan
Legislative Contacts
Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'save as' .xls or .xlsx. Do not 'save as' .xlsm or .pdf format. If you encounter problems with the application, please fill out the Application Support worksheet and email the entire workbook to Application Support at [email protected] and [email protected]
General Instructions Additional instructions and guidance are given throughout the Formula Allocation Application in "red" text and in cell comments.

Guideline references are made with "§" and the corresponding guideline section number. "Yellow" cells are for Applicant input. Failure to provide the required attachments and documentation will disqualify your application from consideration.

Required attachments are indicated in "orange" throughout the Supplemental Application. Failure to provide the required attachments and documentation may disqualify your application from consideration. Electronically attached files must use the naming convention in the PLHA Application. For Example: "App1 Payee Data" for Applicant 1 Payee Data Record/STD. 204.

Instructions
This application form is limited to Applicants who did not apply to the 2020 and 2021 Formula Allocation NOFA
Rev. 2/16/22
When opening this file, a yellow banner at the top may appear with a button that says "Enable Content". It is essential that you click this box so that the macros are enabled. Enabling macros is necessary for full worksheet functionality. Macros do not work with Microsoft's Excel version for Apple Mac.

Applications must be submitted electronically to the Department’s website. Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at https://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml. All applicable information must be received by HCD no later than 4:00 p.m. on:

Monday, October 31, 2022
Disclosure of Application (California Public Records Act Statutes of 1968 Chapter 1473): Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act Statutes of 1968 Chapter 1473. As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank accounts, personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.

Included?
Included
N/A
X Reuse Plan
X Applicant Delegation
Agreement
0 X Executed Application Provide a copy of the signed application. Signature in blue ink preferred. Included Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 17, column AI)
Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.

Checklist
Included
Threshold
Requirement
X
PLHA Page 1 Instructions & Checklist
Local Government Formula Allocation for New Applicants Rev. 2/16/22 305 W. 4th Street
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.

The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities.

If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the same Activity twice (or more times) and the different AMI level the Activity will serve. Please enter the percentage of funds allocated to the Activity in only the first Activity listing to avoid double counting the funding allocation.

For each year (2019-2023), allocations must equal 100% annually including the allowable administrative costs of up to 5%. 2021 PLHA NOFA Formula Allocation Amount: $656,414 2021 NOFA Allowable Local Admin (5%): $32,821 Uploaded to HCD?
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? CA
§302(c)(3) Applicant certified in the Resolution submitted with this application that, if the Local Government proposes allocation of funds for any activity to another entity, the Local government’s selection process had no conflicts of interest and was accessible to the public. §302(c)(2) Applicant certified in the Resolution submitted with this application that submission of the application was authorized by the governing board of the Applicant.

Eligible Activities, §301
Title:
93637
Yes
§302(a) The Applicant's Housing Element and Delegating Local Government's Housing Element (if applicable) was/were adopted by the Local Government’s governing body by the application submittal date subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585.

Yes
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.

State: CA
Address:

Marcela Zuniga
City Manager
305 W. 4th Street
Yes
Threshold Requirements, §302
§302(b) Applicant or Delegating Local Government has submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Government Code Section 65400. Yes §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300 (c) and (d)? A sample agreement can be
found by double clicking on
the icon to the right
§302(c)(5) Applicant certified in the Resolution submitted with this application that the Plan submitted is for a term of five years (2019-2023). Local Governments agree to inform the Department of changes made to the Plan in each succeeding year of the term of the Plan. Yes §302(c)(6) Applicant certified in the Resolution submitted with this application that it will ensure compliance with §302(c)(6) if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects.

Yes
Yes §302(c)(4)(D) Applicant certified in the Resolution submitted with this application that the Plan was authorized and adopted by resolution by the Local Government and that the public had an adequate opportunity to review and comment on its content. §302(c)(7) Applicant certified in the Resolution submitted with this application that it will ensure that the PLHA assistance is in the form of a low-interest, deferred loan to the Sponsor of the Project, if funds are used for the development of an Affordable Rental Housing Development. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

Yes
File Name: Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.

Narrative uploaded
to HCD? Yes
§302(c)(8) Has Applicant attached a program income reuse plan describing how repaid loans or accrued interest will be reused for eligible activities specified in Section 301? Yes
§302(c)(4) Applicant certified in the Resolution submitted with this application that the application include a Plan in accordance with §302(c)(4)? Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 17, column AI) Yes
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

File Name:

Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

No
App1 TIN
Application and Adopting the PLHA
Plan (2019-2023 Allocations) Reso
§301(a) Eligible activities are limited to the following: Included? File Name:

Uploaded to HCD?
Uploaded to
HCD?
File Name:

Contact Phone:

Madera State:
$422,319 2020 NOFA Allowable Local Admin (5%): $21,116
Eligible Applicants §300
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.

Applicant: City of Madera
County:
559-661-3692
93637
Auth Rep Name: Arnoldo Rodriguez
City: Madera CA Zip:

Zip Code:
2022 PLHA NOFA Formula Allocation Amount: $722,364 2022 NOFA Allowable Local Admin (5%): $36,118 Eligible Applicant Type: Entitlement.

Local Government Recipient of PLHA Formula Allocation: Madera 2020 PLHA NOFA Formula Allocation Amount:

Zip Code:
559-661-3686
Contact Name:

City:

Phone:

Address:

Address:
305 W. 4th Street
Contact Email: [email protected]
City:

State: 93637 Madera
Madera
Auth Rep. Email: [email protected]
Title: Grant Administrator
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
SAMPLE -Legally
Binding Agreement
PLHA Page 1 Formula Allocation Application
I
I I
I I
I I
I

I I I I I

I I I I

I I I I I

I I I I
I
P"
'
'
'
'
P"
'
'
'
'
Administration
Signature Date
Certifications
Applicant agrees to adhere to §503, Reporting. Yes
Applicant agrees to adhere to §502, Cancellation/Termination.

Arnoldo Rodriguez
Authorized Representative Printed Name
City Manager
Title
Yes
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.

Applicant agrees to adhere to §501, Audits/Monitoring of Project Files. Yes Applicant agrees to adhere to §500, Accounting Records. Yes PLHA Page 2 Formula Allocation Application

I I I I I

I I I I I
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The City of Madera PLHA Plan furthers the Goal of the City support the creation and retention of affordale housing units. The following sections of the City's Housing Element demonstrate that the PLHA Plan is consistent with the City's overall Goals:

Housing Element Goal H-2: Coordination between the City, private developers, and nonprofit entities to support the creation of new affordable housing opportunities.

Housing Element Goal H-3: Conserve and improve the existing housing stock, improving housing availability and conditions for lower-income households.

Housing Element Goal H-4: Provide decent housing and quality living environment for all Madera residents, and to provide a range of housing services for households with special needs, including homeless. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderateincome households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Madera plans to use the PLHA funds for tow Eligible Activities: 1) for the predevelopment, development, acquisition, rehabalitation and preservation of rental housing that is affordable to extremely low-income, very low-income, and low income households; and 2) assisting persons who are experiencing or at risk of homelessness. PLHA funding for programs that assist persons who are experiencing or at risk of homelessness will be provided as a grant. PLHA assistance for development or preservation of affordable rental housing will be offerered in the form of no-interest, deferred payment loans. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

PLHA funds will be made available to rental property owners or affordable housing developers who have experience working within the City of Madera expanding and/or preserving affordable housing inventory. The City will prioritize investments of PLHA funds to increase the suply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). The City of Madera will also be utilizing PLHA funding to provide services to homele4ss individuals who are classified as "presumed beneficiaries" under the Department of HLousing and Urban Development (HUD) guidelines. This classification considers this group of individuals to be "extremely-low income" with incomes at 30% of AMI or less.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) The PLHA funds will be used for the predevelopment, development, acquisition, rehabilitation and/or preservation of multifamily rental housing that is affordable to low-income persons earning 80% or less of the area median income (AMI). Funds will be evidenced through a Promissory Note and secured by a Deed of Trust and a Regulatory Agreement restricting occupncy and rents in accordance with PLHA required terms.

Funding Allocation Year 2019 2020 2021 2022 2023
Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
40 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Affordable Rental
Housing Activity

95.0% 95.0% 95.0% 95.0%
§302(c)(4)(E)(ii) Area Median
Income Level Served 80% 80% 80% 80%
558
TOTAL
1198
§302(c)(4)(E)(ii) Unmet share of
the RHNA at the AMI Level
Note: complete for years 2019,
2020, 2021 only
The PLHA funds will be included in the City's 2024-2025 NOFA that will be released in late 2023. The NOFA will include PLHA funds and any other housing funding awards received by the City. The City may award additional years funds to applicants who meet the guidelines of the PLHA program and offer ongoing activities. 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Affordable Rental Housing
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years §302(c)(4)(E)(ii) Projected
Number of Households Served 10 10 10 10
640
PLHA Page 1 302(c)(4) Plan
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

The City will utilize its procurement process to solicit qualified subgrantees to manage and operate emergency shelter facilities, including the provision of support services to homeless person or those at risk of homelessness. Support services include but are not limeted to : operational costs of managing an emergency shelter. The PLHA funding will be utilized for the provision of Homeless Services in 2023- 2024
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity

95.00%
Funding Allocation Year 2019
TOTAL §302(c)(4)(E)(ii) Area Median
Income Level Served 30%
Upon approval of the City of Madewra's PLHA application and execution of the Standard Agreement, the City will begin its procurement process to select subgrantee/service provider than will provide the services necessary to implement the proposed activity and will award contract to the provider that is most qualified and able to provide the required service. It is anticipated that subgrantee will be awarded frunds during the 2023-2024 program year. To monitor program funded with PLHA, staff will use similar reporting requirements as used for other grant funded programs the City administers. Sub grantee will be required to provide appropriate documentation demonstrating adherence to program regulations. Sub grantee will submit quarterly reports including numbers of persons served, description of beneficiaries, and description of services provided.
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. §302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
1172 1172
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
500
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
NA
§302(c)(4)(E)(ii) Projected
Number of Households Served 500
Emergency
Shelter
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

PLHA Page 2 302(c)(4) Plan
25 24
23 22
21 20
19 18
17 16
15 14
13 12
11 10
9 8
7 6
5 4
3 2
1 Justification:

Issue # Program
Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date Organization: Email: Contact Phone:

Application Development Team (ADT) Support Form Rev. 2/16/22 Please complete the "yellow" cells in the form below and email a copy to: [email protected]. and [email protected]. A member of the Application Development Team will respond to your request within ASAP.

Full Name: Date Requested: Application
Version Date:

PLHA Page 1 Application Support

I I I I I
I I

City of Madera
PLHA Program Income Reuse Plan
All repayments of Permanent Local Housing Allocation (PLHA) loan principal and any loan interest accrued shall be deposited to a separately maintained PLHA Program Income Reuse Account governed by a reuse plan reviewed and approved by the Department of Housing and Community Development. The City of Madera commits to maintaining policies and procedures that separate out PLHA program income for future reuse in accordance with the following policies:

1. All repayments of PLHA loan principal and interest shall be received by the City of Madera (or its agent) and deposited into a separate reuse account maintained by the City’s Finance staff. The City’s PLHA loan documents will track information such as borrower name, address, loan/reference number, grant year, and principal and interest.

2. The City of Madera Finance Department will establish an account for PLHA funds which is separate from any other funding sources and provides for timely processing and appropriate reporting ability

3. The reuse account shall be an interest-bearing account into which all payments are deposited. Interest earned on this account shall be considered reuse funds and will be used in the same manner and with the same restrictions as principal and interest payments.

4. All funds deposited into the reuse account shall be the property of the City of Madera. Up to 5% of funds deposited may be used towards administration costs incurred by the City.

5. All PLHA reuse funds shall be expended in accordance with PLHA regulations

6. Reuse funds may be used for PLHA eligible activities in alignment with the State approved PLHA Plan.

7. Reuse funds must be used within the boundaries of the City of Madera.

8. The City shall allow HCD full access to the reuse account records for the purpose of determining compliance with PLHA regulations.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 16, 2022
_________________________________ Agenda Number:

Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Employee wage adjustments to offset inflation, minimum wage compaction, and recruitment and retention of full-time employees
RECOMMENDATION:

Adopt Resolutions:

1. Approving Side Letter Agreements effecting additional cost-of-living (COLA) increases and certain salary range adjustments as a direct result of minimum wage increases for the following employee bargaining units:
a. Madera Affiliated City Employees’ Association, representing the General Bargaining Unit
b. Mid Management Employee Group
c. Madera Police Officers’ Association
d. Law Enforcement Mid Management Employee Group

2. Approving revised Standard Terms and Conditions for Employment Agreements of Unrepresented Department Head Positions effecting additional COLA increases

3. Approving amendments to the City of Madera Classification Plan removing job classifications no longer utilized, adding the Parks Manager classification, and modifying salary range assignments for certain job classifications as a direct result of minimum wage increases
SUMMARY:

In an effort to address minimum wage compaction, inflation, and recruitment and retention issues currently being experienced by the City, the City Council authorized staff to offer Side Letter Agreements to the City’s four (4) bargaining units providing additional COLA adjustments beyond those captured in current Memorandums of Understanding (MOUs) with the groups and to make adjustments to assigned salary ranges for positions directly impacted by increases in the California Minimum Wage. The current MOUs will end June 30, 2025 and provide for D-1
compensation adjustments each July with additional lump sum payments. Specifically, the MOUs provide between now and the end of their term a two percent (2%) COLA and $1,500 lump sum payment for represented employees July 2023 and July 2024. The proposed Side Letter Agreements would add additional two percent (2%) COLAs each January between now and the MOU termination, as illustrated in Figure 1. Additionally, range assignments for represented classifications will be adjusted so that all full-time classifications begin at one dollar ($1.00) above minimum wage.

Figure 1. Proposed additional COLA Adjustments
The proposed COLAs offered to the bargaining units have also been authorized to be offered to unrepresented department head positions. These positions do not have an MOU as they are not a recognized employee group; the City has adopted Standard Terms and Conditions for Employment Agreements of Unrepresented Department Head Positions (Standard Terms and Conditions) to capture the wages, terms, and conditions of employment for applicable positions.

The proposed action will update the Standard Terms and Conditions the City Manager is authorized to offer department heads to include the same additional January COLAs offered to the bargaining units. No minimum wage adjustments are included in the update to the Standard Terms and Conditions for department head positions.

DISCUSSION:

The City has four (4) represented bargaining units:

1. Madera Affiliated City Employees’ Association (MACEA), representing the General Bargaining Unit (GBU);

2. Mid Management Employee Group (MM);

3. Madera Police Officers’ Association (MPOA); and

4. Law Enforcement Mid Management Group (LEMM)
In addition to the represented bargaining units, the City has unrepresented department heads.

This includes the following positions:
▪ Police Chief
July 2021
2% COLA
$1,500
July 2022
2% COLA
$1,500
July 2023
2% COLA
$1,500
July 2024
2% COLA
$1,500
June 2025
End of Contract Term
January 2023
2% COLA
January 2024
2% COLA
January 2025
2% COLA
▪ Director of Parks & Community Services
▪ City Engineer
▪ Director of Human Resources
▪ Information Services Manager
▪ Chief Building Official
▪ Planning Manager
▪ Director of Financial Services
▪ Public Works Operations Director
▪ Director of Community Development
Each of the bargaining units has an MOU with the City that outlines the terms and conditions of employment specific to salaries, benefits, and conditions of work for represented positions. In 2021, the City entered into four-year (4-year) MOUs with each unit that called for COLAs each July during the term of the agreement along with lump sum payments to each full-time employee of $1,500 each July.

Salaries and benefits that can be offered by the City Manager to unrepresented department heads are captured in the Standard Terms and Conditions as adopted by Council. In November 2021, Council approved Standard Terms and Conditions that included the same COLAs and lump sum payments that were offered to bargaining units in the July 2021 MOUs.

Since execution of those agreements and approval of the Standard Terms and Conditions, economic factors have shifted, and while the compensation elements in the MOUs were negotiated in good faith at that time, the City has recognized that due to higher-than-expected inflation and additional adjustments to the California Minimum Wage caused by inflation, the City’s wages have been outpaced by these unexpected economic impacts. For this reason, the City has offered additional COLAs to offset these economic impacts as well as adjustments specifically designed to offset minimum wage, more specifically described below.

Cost of Living Increases
In addition to the COLAs already agreed to in the existing MOUs and adopted Standard Terms and Conditions, the City has offered six percent (6%) to be applied to salary schedules between January 2023 and January 2025 in two percent (2%) increments each January. Figure 1 in the Summary section of this report illustrates the revised COLA schedule that has been offered. If effected, salary schedules will be adjusted two percent (2%) on the following dates between now and the contract term date of the MOUs, June 30, 2025.
▪ 2% COLA effective 12/31/2022, with paycheck date 1/20/2023 (new) ▪ 2% COLA effective 6/17/2023, with paycheck date 7/7/2023 (existing) ▪ 2% COLA effective 12/30/2023, with paycheck date 1/19/2024 (new) ▪ 2% COLA effective 6/15/2024, with paycheck date 7/5/2024 (existing) ▪ 2% COLA effective 12/28/2024, with paycheck date 1/17/2025 (new) Minimum Wage Offsets
Over the last several years, California Minimum Wage has been adjusted and was expected to cap at $15.00 per hour. However, due to inflation, an automatic increase will now be applied effective January 1, 2023, making the California Minimum Wage $15.50 per hour. The City’s adopted salary schedule includes salary ranges assigned to job classifications that will now fall below minimum wage. Table 1 summarizes some of these positions in comparison to the minimum wage.

Table 1. Examples of current salary ranges compared to minimum wage (hourly rate) Job Title Step A Step B Step C Step D Step E Step F
Office Assistant I 12.61 13.24 13.90 14.59 15.32 16.09
Office Assistant II 13.93 14.63 15.35 16.12 16.93 17.78 Accounting Technician I 14.43 15.15 15.90 16.70 17.53 18.41 Parks Worker I 15.01 15.76 16.55 17.37 18.25 19.15
Public Works Maintenance Worker I 15.47 16.24 17.05 17.91 18.80 19.74 Shading Key:

Steps below January 2022 Minimum Wage: $15.00 per hour
Steps below January 2023 Minimum Wage: $15.50 per hour
In reviewing City of Madera job specifications and minimum requirements for applicants, all fulltime positions require at least one year (1 year) of prior work experience. For this reason, staff has proposed that full time positions be set to $1.00 above minimum wage for Step A, taking into account the COLA to be applied January 2023 as previously discussed in this report. This would mean that while all full-time positions will be adjusted two percent (2%) for the COLA, some positions will see an additional adjustment in order to offset minimum wage. The specific adjustments planned are noted in Table 2, showing the City’s bi-weekly pay schedule at the current range and the new proposed range. As a point of reference, range 263 will be the minimum salary range assigned to any full-time position with Step A starting pay of $1.00 above minimum wage, or the equivalent of $16.50 per hour. If approved, these range adjustments will be effective the pay period beginning December 31, 2022 with paycheck date January 20, 2023.

Range adjustments are being recommended by class series. For example, if Parks Worker I is adjusted, this also requires adjustment of Parks Worker II, Parks Worker III, Parks Leadworker, and Parks Supervisor. Of the positions recommended for adjustment, twenty-four (24) positions are in the GBU represented by MACEA and three (3) positions are represented by MM.

Table 2. Proposed salary range adjustments to offset minimum wage increases Job Title Unit Range
Bi-Weekly Pay Rate

A B C D E F
Accounting Technician I Current GBU 240 1177.15 1235.98 1297.46 1362.65 1430.49 1502.04 Accounting Technician I Proposed GBU 263 1320.25 1385.97 1455.40 1528.02 1604.34 1684.90 Accounting Technician II Current GBU 260 1300.64 1365.30 1433.67 1505.22 1580.49 1659.46 Accounting Technician II Proposed GBU 283 1458.58 1531.20 1608.05 1688.61 1772.88 1861.39 Accounting Technician III Current GBU 280 1436.85 1508.41 1584.20 1663.17 1746.38 1833.83 Accounting Technician III Proposed GBU 300 1587.38 1666.88 1750.09 1837.54 1929.76 2026.22 Administrative Assistant Current GBU 299 1579.43 1658.40 1741.61 1828.53 1920.22 2016.15 Administrative Assistant Proposed GBU 303 1611.23 1691.79 1776.59 1865.63 1958.91 2056.43 Maintenance Technician Current GBU 290 1510.53 1585.79 1665.29 1748.50 1835.95 1927.64 Maintenance Technician Proposed GBU 308 1652.04 1734.72 1821.64 1912.80 2008.20 2108.37 Office Assistant I Current GBU 213 1028.75 1080.16 1134.22 1190.93 1250.29 1312.83 Office Assistant I Proposed GBU 263 1320.25 1385.97 1455.40 1528.02 1604.34 1684.90 Office Assistant II Current GBU 233 1136.34 1193.58 1252.94 1315.48 1381.73 1450.63 Office Assistant II Proposed GBU 283 1458.58 1531.20 1608.05 1688.61 1772.88 1861.39 Parks Leadworker Current GBU 308 1652.04 1734.72 1821.64 1912.80 2008.20 2108.37 Parks Leadworker Proposed GBU 323 1780.30 1869.34 1963.15 2061.20 2164.03 2272.15 Parks Supervisor Current MM 335 1890.54 1984.88 2083.99 2188.41 2297.59 2412.60 Parks Supervisor Proposed MM 350 2037.35 2139.12 2246.18 2358.01 2476.20 2599.69 Parks Worker I Current GBU 248 1224.85 1286.33 1350.46 1417.77 1488.79 1563.00 Parks Worker I Proposed GBU 263 1320.25 1385.97 1455.40 1528.02 1604.34 1684.90 Parks Worker II Current GBU 268 1353.11 1420.95 1491.97 1566.71 1645.15 1727.30 Parks Worker II Proposed GBU 283 1458.58 1531.20 1608.05 1688.61 1772.88 1861.39 Parks Worker III Current GBU 288 1495.15 1569.89 1648.33 1731.01 1817.40 1908.56 Parks Worker III Proposed GBU 303 1611.23 1691.79 1776.59 1865.63 1958.91 2056.43 Public Works Equipment Operator Current GBU 285 1472.89 1546.57 1623.95 1705.04 1790.37 1879.94 Public Works Equipment Operator Proposed GBU 303 1611.23 1691.79 1776.59 1865.63 1958.91 2056.43 Public Works Maintenance Lead Worker Current GBU 310 1668.47 1752.21 1839.66 1931.88 2028.34 2129.58 Public Works Maintenance Lead Worker Proposed GBU 323 1780.30 1869.34 1963.15 2061.20 2164.03 2272.15 Table 2. Proposed salary range adjustments to offset minimum wage increases, continued Job Title Unit Range
Bi-Weekly Pay Rate

A B C D E F
Public Works Maintenance Worker I Current GBU 254 1261.95 1325.02 1391.27 1461.23 1533.85 1610.70 Public Works Maintenance Worker I Proposed GBU 263 1320.25 1385.97 1455.40 1528.02 1604.34 1684.90 Public Works Maintenance Worker II Current GBU 274 1394.45 1464.41 1537.56 1614.41 1694.97 1779.77 Public Works Maintenance Worker II Proposed GBU 283 1458.58 1531.20 1608.05 1688.61 1772.88 1861.39 Streets & Storm Drainage Supervisor Current MM 340 1938.24 2034.70 2136.46 2243.53 2355.89 2473.55 Streets & Storm Drainage Supervisor Proposed MM 350 2037.35 2139.12 2246.18 2358.01 2476.20 2599.69 Water Quality Specialist I Current GBU 311 1676.95 1760.69 1848.67 1941.42 2038.41 2140.18 Water Quality Specialist I Proposed GBU 320 1753.80 1841.78 1934.00 2030.46 2132.23 2238.76 Water Quality Specialist II Current GBU 330 1843.90 1936.12 2032.58 2134.35 2240.88 2353.24 Water Quality Specialist II Proposed GBU 340 1938.24 2034.70 2136.46 2243.53 2355.89 2473.55 Water Quality Specialist In Training Current GBU 272 1380.67 1449.57 1522.19 1597.98 1678.01 1762.28 Water Quality Specialist In Training Proposed GBU 293 1532.79 1609.64 1690.20 1774.47 1863.51 1956.79 Water System Lead Worker Current GBU 354 2078.16 2182.05 2291.23 2405.71 2526.02 2652.16 Water System Lead Worker Proposed GBU 365 2195.30 2305.01 2420.55 2541.39 2668.59 2802.16 Water System Supervisor Current MM 365 2195.30 2305.01 2420.55 2541.39 2668.59 2802.16 Water System Supervisor Proposed MM 385 2425.85 2546.69 2674.42 2807.99 2948.44 3095.78 Water System Technician Current GBU 344 1976.93 2076.04 2179.93 2288.58 2403.06 2523.37 Water System Technician Proposed GBU 350 2037.35 2139.12 2246.18 2358.01 2476.20 2599.69 Water System Worker I Current GBU 272 1380.67 1449.57 1522.19 1597.98 1678.01 1762.28 Water System Worker I Proposed GBU 293 1532.79 1609.64 1690.20 1774.47 1863.51 1956.79 Water System Worker II Current GBU 311 1676.95 1760.69 1848.67 1941.42 2038.41 2140.18 Water System Worker II Proposed GBU 320 1753.80 1841.78 1934.00 2030.46 2132.23 2238.76 Water System Worker III Current GBU 330 1843.90 1936.12 2032.58 2134.35 2240.88 2353.24 Water System Worker III Proposed GBU 340 1938.24 2034.70 2136.46 2243.53 2355.89 2473.55 Water Conservation Customer Service Representative Current GBU 260 1300.64 1365.30 1433.67 1505.22 1580.49 1659.46 Water Conservation Customer Service Representative Proposed GBU 263 1320.25 1385.97 1455.40 1528.02 1604.34 1684.90 Classification Plan Amendment
In reviewing existing job classifications that would no longer meet the minimum threshold of salary range 263, staff identified a few positions that are not currently utilized and have not been utilized in several years. It is recommended these positions be removed from the classification plan rather than adjusting salary ranges for non-existent positions. The classifications recommended for removal are:
▪ Facility Aide (full-time; part-time will still be utilized and is listed on the part-time salary schedule)
▪ Airport Maintenance Worker I/II/III
▪ Administrative Secretary
In addition, with the adoption of the Fiscal Year (FY) 2022-23 operating budget, the position of Parks Manager was added to the staffing allocations of the Parks and Community Services Department. The Parks Manager position was previously removed from the classification plan when the Park Planning Manager position was added. Based on an evaluation of current projects and work assignments, the Parks Manager classification was determined to be a better fit. The classification is similar in responsibilities and duties to operations managers in the Public Works Department. For this reason, it is recommended the Parks Manager salary range be set equal to the Streets & Storm Drainage Operations Manager salary range (Schedule M, Range 385).

Table 3. Schedule M, Range 385
Step A Step B Step C Step D Step E Step F
Bi-Weekly Pay Rate $2,378.28 $2,496.76 $2,621.98 $2,752.93 $2,890.63 $3,035.08 Annual Equivalent $61,835 $64,916 $68,172 $71,576 $75,156 $78,912 FINANCIAL IMPACT:

The current fiscal year costs associated with the additional COLA and minimum wage adjustments are summarized by fund in Table 4. The total cost of the proposed additional January COLAs and existing July COLAs over the remaining term of the MOUs is summarized in Table 5 by fiscal year.

Both tables assume current budgeted positions and the calculations represent what maximum exposure will be if all budgeted positions are filled with employees and stated increases are applied to all full-time employees.

Table 4. FY 2022-23 Cost of 2% COLA and Equity Adjustments Effective 12/31/2022 Fund Name
2% COLA
All Full Time
Minimum Wage
Adjustments after COLA
General Fund 126,255 47,551
General Fund - Grants 1,034 -
Measure K 12,208 -
Water Fund 13,643 20,491
Sewer Fund 13,766 8,204
Table 4. FY 2022-23 Cost of 2% COLA and Equity Adjustments Effective 12/31/2022, continued Fund Name
2% COLA
All Full Time
Minimum Wage
Adjustments after COLA
Airport Operations Fund 902 2,864
Transit - Demand Service Fund (Dial-A-Ride) 1,834 -
Transit - Fixed Route Fund (Madera Metro) 1,834 -
Equipment Maintenance Fund 2,869 -
Facility Maintenance Fund 6,767 -
Computer Acquisition and Maintenance Fund 3,879 -
Housing Development Fund 265 -
Drainage System Operations Fund 2,773 8,515
Solid Waste Disposal Fund 4,551 9,527
Tobacco Grant Fund 521 -
Total FY 2022-23 $ 193,101 $ 97,151
Table 5. Cost of compensation adjustments through term of MOUs Fiscal Year Cost to General Fund Cost to All Funds Compensation Element 2022/23 126,255 193,101 Add 2% COLA in January
47,551 97,151 Equity Adjustments in January
173,806 290,252 Total cost for fiscal year
2023/24 347,611 580,503 Recurring cost from prior year
254,412 390,088 Existing 2% COLA in July
127,206 195,044 Add 2% COLA in January
729,229 1,165,635 Total cost for fiscal year
2024/25 854,533 1,356,793 Recurring cost from prior year 254,412 390,088 Existing 2% COLA in July
127,206 195,044 Add 2% COLA in January
1,236,151 1,941,925 Total cost for fiscal year
ALTERNATIVES:

Council could direct staff to engage in additional discussions with bargaining units.

ATTACHMENTS:

1. Resolution approving Side Letter Agreements
a. Attachment A: Side Letter Agreement with Madera Affiliated City Employees’ Association
i. Exhibit A: Salary Plan
b. Attachment B: Side Letter Agreement #2 with Mid Management Employee Group i. Exhibit A: Salary Plan
c. Attachment C: Side Letter Agreement with Madera Police Officers’ Association i. Exhibit A: Salary Plan
d. Attachment D: Side Letter Agreement #2 with Law Enforcement Mid Management Group
i. Exhibit A: Salary Plan

2. Resolution approving revised Standard Terms and Conditions for Employment Agreements of Unrepresented Department Head Positions
a. Attachment A: Authorized Terms and Conditions for Employment Agreements with Unrepresented Department Heads

3. Resolution amending the City of Madera Classification Plan and setting the assigned salary range for the noted classifications
a. Attachment A: Parks Manager job description
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING SIDE LETTER AGREEMENTS WITH MADERA AFFILIATED CITY EMPLOYEES’

ASSOCIATION, MID MANAGEMENT EMPLOYEE GROUP, MADERA POLICE OFFICERS’ ASSOCIATION, AND LAW ENFORCEMENT MID MANAGEMENT

GROUP PROVIDING ADDITIONAL COST-OF-LIVING INCREASES AND MAKING

CERTAIN SALARY RANGE ADJUSTMENTS
WHEREAS, the City of Madera (City) desires to adjust employee wages in an effort to offset the economic impacts of inflation and minimum wage adjustments and address recruitment and retention of full-time employees; and
WHEREAS, the City and representatives of Madera Affiliated City Employees’ Association, Mid Management Employee Group, Madera Police Officers’ Association, and Law Enforcement Mid Management Group have conferred and agree to the additional proposed wage increases; and
WHEREAS, Side Letter Agreements have been prepared for each bargaining unit to reflect three (3) additional two percent (2%) cost-of-living increases and certain range adjustments for positions directly affected by minimum wage increases.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. The Side Letter Agreement between the City of Madera and the Madera Affiliated City Employees’ Association, a copy of which is attached hereto as Attachment A, is approved.

3. The Side Letter Agreement between the City of Madera and the Mid Management Employee Group, a copy of which is attached hereto as Attachment B, is approved.

4. The Side Letter Agreement between the City of Madera and the Madera Police Officers’ Association, a copy of which is attached hereto as Attachment C, is approved.

5. The Side Letter Agreement between the City of Madera and the Law Enforcement Mid Management Group, a copy of which is attached hereto as Exhibit D, is approved.

6. The City Manager is authorized to execute the Side Letter Agreements on behalf of the City.

7. This resolution is effective immediately upon adoption. * * * * * * * * * * * * * * * * * * * *

Page 1 of 3 ends

Madera City CouncilNovember 16, 2022

Madera City Council
November 16, 2022